139
COMMERCIAL GENERAL LIABILITY
3. The following Is added to Paragraph 8., Transfer
Of Rights Of Recovery Against Others To Us.
of SECTION IV - COMMERCIAL GENERAL
LIABILITY CONDITIONS:
We waive any right of recovery we may have
against any person or organization because of
payments we make for "bodily injury". 0property
damage• or "personal iJ1ury'" arising out of 8your
work" performed by you. or on your behalf, done
under a "written contract requiring insurance" with
that person or organization. We waive this right
only where you have agreed to do so as part of
the "written contract requiring lnsurancea with
such person or organization · signed by you
before, and in effect when, the "bodily injury" or
aproperty damage" occurs, or the "personal Injury"
offense is committed.
4, The following definition Is added to the
DEFINITIONS Section:
"Written contract requiring Insurance" means that
part af any written contract under which you are
required to include a person or organization as an
add"dlonaf insured on this Coverage Part.
provided that the "bodily lnjuJy" and •property
damage" occurs and the •personal injury" is
caused 11/ an offense committed:
a. Mer you have signed that written contract;
b, While that part of the written contract is In
effect; and
c~ Before the end of the poficy period.
Page2of2 0 2016 The Trevele18 Indemnity Com,any, All rights reserved. lncludn lhe c:opyrfghl8d material of lnlurance SeNlces Oflce, Inc., with Its Mpeimnn•llaelor.r.mn CG D3 810915
140
POLICY NUMBER: 680-4H777478-21-47 COMMERCIAL GENERAL UABIUlY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULL V.
XTEND ENDORSEMENT FOR ARCHITECTS, ENGINEERS
AND SURVEYORS
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
GENERAL DESCRIPTION OF COVERAGE - This endorsement broadens coverage. However, coverage for any injwy. damage or medical expenses described in any of the provisions of this endorsement may be excluded or Rmited by another endorsement to this Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or 6mited by such an endorsement The following listing Is a general coverage description only. Read an the provisions of this endorsement and the rest of your policy carefully to detennine rights, duties, and what is and is not covered.
A. Non-Owned Watercraft- 75 Feet Long Or Less
B. Who Is An Insured - Unnamed Subsidiaries
c. Who Is An Insured - Retired Partners, Members.
Directors And Employees
D. Who Is An Insured - Employees And Volunteer
Workers - Bodily Injury To Co-Employees. CoVolunteer Workers And Retired Partners, Members, Directors And Employees
E. Who Is An Insured - Newly Acquired Or Formed
Limited Liabllty Companies
F. Blanket Additional Insured - Controlling Interest
G. Blanket Additional Insured - Mortgagees.
Assignees. Successors Or Receivers
PROVISIONS
A. NON-OWNED WATERCRAFT - 75 FEET
LONG OR LESS
1. The following replaces Paragraph (2) of
Exclusion g., Aircraft, Auto Or Watercraft.
in Paragraph 2. of SECTION I -
COVERAGES - COVERAGE A - BODILY
INJURY AND PROPERTY DAMAGE
LIABILITY:
(2) A watercraft you do not own that is:
(a) 75 feet long or less: and
(b) Not being used to carry any person
or property for a charge;
2, The following replaces Paragraph 2.e. of
SEC110N II-WHO IS AN INSURED:
a. Ally person or organization that, with
your express or implied consent, either
H. Blanket Additional Insured - Governmental
Entitles - Pennits Or Authorizations Relating To
Premises
I. Blanket Additional Insured - Governmental
Entities - Permits Or Authorizations Relating To
Operations
J. Incidental Mecfscal Malpractice
K. Mecfical Payments - Increased Limit
L Amendment Of Excess Insurance Condition -
Professional UabJI~
M. Blanket Waiver Of Subrogation - When Required
By Written Contract Or Agreement
N. Contractual Liabirlly- Railroads
uses or is responsible for the use of a
watercraft that you do not own that is:
(1) 75 feet long or less: and
(2) Not being used to carry any person
or property for a charge;
B. WHO IS AN INSURED - UNNAMED
SUBSIDIARIES
The following Is added to SECTION II - WHO IS
AN INSURED:
Any of your subsidiaries, other than a partnership
or joint venture. that Is not shown ilS a Named
Insured in the Declarations is a Named Insured
if:
a. You are the sole owner of, or maintain an
ownership interest of more than 50% in, such
subsidiary on the first day of the policy
period;and
CG D3790219 O 2017 The Travelers lndemnlly Company. AD rlghla renrved. Page 1 of 6 lndudea capyrfgllted malerlal of ln8Ur8nce Servtcaa Olllce. Ina. with la pemd181on. 141
COMMERCIAL GENERAL LIABILllY
b. Such subsidiary Is not an Insured under
similar other Insurance.
No such subsidiary is an Insured for •bodUy
injury" or •property damage• that occurred, or
•personal and advertising injury- caused by an
offense committed:
a. Before you maintained an ownership interest
of more than 50'6 In such subskfiary; or
b. After the date, if any, during the policy period
that you no longer maintain an ownership
interest of more than 50'6 In such subsJdiary.
For purposes of Paragraph 1. of Section 11-Who
Is An Insured, each such subsidiary will be
deemed to be designated in the Dedarations as:
a. A Umlted liability company:
b. An organization other than a partnership,
joint venture or limited liability company: or
C, A trust:
as indicated in its name or the documents that
govem its structure.
C. WHO IS AN INSURED - RETIRED PARTNERS,
MEMBERS, DIRECTORS AND EMPLOYEES
The following is added to Paragraph 2. of
SECTION II-WHO IS AN INSURED:
Any person who is your retired partner, member,
director or •employee•• that is perfonnlng services
for you under your direct supervision, but only for
acts within the scope of their employment by you
or while performing duties related to the conduct
of your business. However, no such retired
partner, member, director or •employee• ls an
insured for:
(1) ·eoclily injury":
(a) To you, to your current partners or
members (if you are a partnership or
joint venture), to your current members
· ('If you are a Hmlted Uablllty company) or
to your current directors;
(b) To the spouse. child. parent, brother or
sister of that current partner, member or
director as a consequence of Paragraph
(1)(a) above;
(c) For which there is any obligation to
share damages with or repay someone
else who must pay damages because of
the injury described in Paragraph (1)(a)
or (b) above: or
(d) Arising out of his or her providing or
faBlng to provide professional health care
services.
Unless you are in the business or occupation
of providing professional health care
services. Paragraphs (1)(a), (b), (c) and (d)
above do not apply to lll)ocfJly Injury" arising
out of providing or failing to provide first aid
or -Good Samaritan services" by any of your
retired partners, members, directors or
"employees". other than a doctor. Any such
retired partners. members. directors or
•employees• providing or faffing to provide
first aid or "Good Samaritan services" during
their work hours for you will be deemed to be
acting within the scope of their employment
by you or performing duties related to the
conduct of your business.
(2) "Personal injury":
(a) To you, to your current or retired
partners or members (If you are a
partnership or joint venture), to your
current or retired members ("If you are a
limited Uabirity company), to your other
current or retired directors or
•employees" whle In the course of his or
her employment or perfonnlng duties
related to the conduct of your business.
or to your other 'volunteer workers"
while performing duties related to the
conduct of your business:
(b) To the spouse. child, parent, brother or
sister of that cumant or retired partner,
member, d'irector. •employee" or
"volunteer worker" as a consequence of
Paragraph (2)(a) above:
(c) For which there is any obDgatlon to
share damages with or repay someone
else who must pay damages because of
the injwy described in Paragraph (2)(a)
or (b) above: or
(d) Arising out of his or her providing or
fallng to provide professional health care
services.
(3) •property damage• to property:
(a) awned. occupied or used by; or
(b) Rented to, in the care, custody or control
of, or over which physical control is
being exercised for any purpose by:
you, any of your retired partners. members
or directors, your current or retired
•employees" or "Volunteer workers•, any
current partner or member ('d' you are a
partnership or joint venture). or any current
member ('d you are a limited liability
company) or current director.
Page2 of6 0 2017 The Travelers lndemnlly Company. All llghll reserved.
Includes ~ ntalellel of lnauranca &wcaa Office, Inc. with Ill pennlalon.
CGD3790219
142
D. WHO IS AN INSURED - EMPLOYEES AND
VOWNTEER WORKERS - BODILY INJURY
TO co-EMPLOYEES, CO-VOLUNTEER
WORKERS AND RETIRED PARTNERS,
MEMBERS, DIRECTORS AND EMPLOYEES
The foDowing is added to Paragraph 2.a.(1) of
SECTION U-WHO IS AN INSURED:
Paragraphs (1)(a), (b) and (c) above do not
apply to "bodily injury" to a current or retired co-
•employee• while In the course of the co-
"employee•s• employment by you or performing
duties related to the conduct of your business, or
to t,odlly Injury" to your other "volunteer
workers" or retired partners, members or
directors whUe perfonnlng duties related to the
conduct of your business.
E. WHO IS AN INSURED- NEWLY ACQUIRED
OR FORMED LIMITED LIABILITY COMPANIES
The following replaces Paragraph 3. of
SECTION U-WHO IS AN INSURED:
3. Any organization you newly acquire or form,
other than a partnership or joint venture, and
of which you are the sole owner or in which
you maintain an ownership interest of more
than 50%, will qualify as a Named Insured if
there Is no other similar insurance available
to that organization. However:
a. Coverage undef this provision is
afforded only:
(1) Until the 180th day after you acquire
or form the organization or the end of
the policy period, whichever is
earffer, if you do not report such
organization In writing to us within
180 days after you acquire or form it;
or
(2) Until the end of the policy period,
when that date Is later than 180 days
after you acquire or form such
organization, if you report such
organization in writing to us within
180 days after you acquire or form It:
b. coverage A does not apply to "bodily
injury" or •property damage• that
occurred before you acquired or formed
the organization: and
c. coverage B does not apply to •personal
and advertiSing Injury" arising out of an
offense committed before you acquired
or formed the organization.
For the purposes of Paragraph 1. of Section
n - Who Is An Insured, each such
COMMERCIAL GENERAL LIABILITY
organization wiU be deemed to be
designated in the Declarations as:
a. A limited liability company;
b. An organization other than a partnership,
joint venture or Umfted liabfflty company:
or
c. A trust;
as Indicated in its name or the documents
that govem its structure.
F. BLANKET ADDmONAL INSURED
CONTROWNGINTEREST
1. The following is added to SECTION 11 -
WHO IS AN INSURED:
Any person or organization that has financial
control of you Is an insured with respect to
Dabllity for "boclly injury'. "property damage•
or "personal and advertising injury" that
arises out of:
a. Such financial control: or
b. Such person's or organization's
ownership, maintenance or use of
premises leased to or occupied by you.
The insurance provided to such person or
organization does not apply to structural
alterations, new construdion or demolition
operations performed by or on behalf of such
person or organization.
2. The following Is added to Paragraph 4. of
SECTIO N II -WHO IS AN INSURED:
This paragraph does not apply to any
premises owner, manager or lessor that has
financial control of you.
G. BLANKET ADDfflONAL INSURED
MORTGAGEES, ASSIGNEES, SUCCESSORS
OR RECEIVERS
The following Is added to SECTION n - WHO IS
AN INSURED:
Any person or organization that is a mortgagee,
assignee, successor or receiver and that you
have agreed In a written contract or agreement
to indude as an additional Insured on this
Coverage Part Is an insured, but only with
respect to its 6ablfil¥ as mortgagee, assignee,
successor or receiver for "bodily injury", •property
damage" or •personal and advertising injury"
that
a. Is nbodily injury" or •property damage" that
occurs. or is •personal and advertising injwy"
caused by an offense that Is committed,
CGD3790219 o 2017 The Travelerl Indemnity Company. All rights reserved. Pagel of 6 Includes copyrfghlad malerlll of lnaunlnc8 8ervlcal Office. lnC. with Ila permlnlon. 143
COMMERCIAL GENERAL LIABILITY
subsequent to the signing of that contract or
agreement and
b. Arises out of the ownership, maintenance or
use of the premises for which that
mortgagee, assignee, successor or receiver
is required under that contract or agreement
to be Included as an additional insured on
this Coverage Part.
The insurance provided to such mortgagee,
assignee, successor or receiver is subject to the
following provisions:
a. The Dmlts of insurance provided to such
mortgagee, assignee, successor or receiver
wlB be the minimum Umlts that you agreed to
provide In the written contract or agreement.
or the Omits shown in the Declarations,
whichever are less.
b. The insurance provided to such person or
organization does not apply to:
(1) Any "bodily injury" or "property damage"
that occurs, or any "personal and
advertising injury" caused by an offense
that is committed, after such contract or
agreement is no longer In effect: or
(2) Any "bodily Injury". "property damage" or
"personal and advertising injury" arising
out of any structural alterations. new
construction or demolition operations
performed by or on behalf of such
mortgagee, assignee, successor or
receiver.
H. BLANKET ADDITIONAL INSURED
GOVERNMENTAL ENTITIES - PERMITS OR
AUTHORIZATIONS RELATING TO PREMISES
The following is added to SECTION II - WHO IS
AN INSURED:
Any govemmental entity that has issued a permit
or authorization with respect to premises owned
or occupied by, or rented or loaned to, you and
that you are required by any ordinance, law,
building code or written contract or agreement to
include as an additional insured on this
Coverage Part is an insured, but only with
respect to liability for nbodily Injury", "property
damage• or "personal and advertising injury"
arising out of the existence, ownership, use,
maintenance, repair, construction, erection or
removal of any of the following for which that
governmental entity has issued such permit or
authorization: advertising signs, awnings,
canopies, cellar entrances, coal holes,
driveways, manholes, marquees, hoist away
openings, sidewalk vaults, elevators, street
banners or decorations.
I, BLANKET ADDfflONAL INSURED
GOVERNMENTAL ENTmES - PERMITS
OR AUTHORIZAffONS RELATING TO
OPERATIONS
The following is added to SECTION 11 - WHO IS
AN INSURED:
Arry governmental entity that has issued a permit
or authorization with respect to operations
performed by you or on your behalf and that you
are required by any ordinance, law, building code
or written contract or agreement to Include as an
additional insured on this Coverage Part Is an
Insured, but only with respect to liability for
"bodily injury", 0
property damagen or npersonal
and advertising injury" arising oul of such
operations.
The Insurance provided to such governmental
entity does not apply to:
a. Any •bodfly lnjuiy", 0property damage• or
"personal and advertising injury" arising out
of operations perfonned for the
governmental entity; or
b. Any "bodily injury" or ''property damage•
included in the "products-completed
operations hazard".
J. INCIDENTAL MEDICAL MALPRACTICE
1, The following replaces Paragraph b. of the
definition of "occurrence" in the
DEFINmONS Section:
b. An act or omission committed in
providing or failing to provide "incidental
medical services", first aid or "Good
Samaritan servfces11 to a person, unless
you are In the business or occupation of
providing professional health care
services.
2. The following replaces the last paragraph of
Paragraph 2.a,(1) of SECTION II - WHO IS
AN INSURED:
Unless you are in the business or occupation
of providing professional health care
services, Paragraphs (1)(a), (b), (c) and (d)
above do not apply to "bodily injury" arising
out of providing or falling to provide:
(a) n1ncldental medical services" by any of
your •employees" who Is a nurse,
nurse assistant. emergency medical
technician. paramedic, athletic trainer,
audiotoglst. dietician. nutritionist.
Page4of6 0 2017 The Traveleta lndamnlty Company. AD rlghll AINMHI, CGD3790219 lndudn ~ mat8l1al of Insurance SeMcea Ofllce. Inc. with lta pannlaalon. 144
occupational therapist or occupational
therapy assistant. physical therapist or
speech-language pathologist: or
(b) First aid or •Good Samaritan services"
by any of your •employees~ or "volunteer
workers•, other than an employed or
volunteer doctor. ArPJ such "employees"
or "volunteer workers" providing or failing
to provide first aid or •Good Samaritan
services• during their work hours for you
will be deemed to be acting within the
scope of their employment by you or
performing duties related to the conduct
of your business.
3. The following replaces the last sentence of
Paragraph 5. of SECTION IU - UMl1S OF
INSURANCE:
For the purposes of detenninlng the
applicable Each Occurrence Limit, all related
acts or omissions committed In provlding or
failing to provide "Incidental medical
services", first aid or "Good Samaritan
services" to any one person will be deemed
to be one "occurrence11•
4. The following exclusion 1s added to
Paragraph 2., Exclusions, of SECTION I -
COVERAGES - COVERAGE A - BODILY
INJURY AND PROPERTY DAMAGE
LIABILITY:
Sale Of Pharmaceutlcals
"Bodily injury'' or "property damage" arising
out of the violation of a penal statute or
ordinance . relating to the sale of
pharmaceuticals committed by, or with the
knowledge or consent of the Insured.
s. The following Is added to the DEFINmONS
Section:
•1ncfdental medical services" means:
a. Medical, surgical, dental, laboratory, xray or nursing service or treabnent, advice or Instruction, or the related
fumishing of food or beverages; or
b. The furnishing or dispensing of drugs or
medical, dental, or surgical supplies or
appraances.
6. The following Is added to Paragraph 4.b.,
Excess Insurance, of SECTION IV -
COMMERCIAL GENERAL LIABILITY
CONDfflONS:
This Insurance Is excess over any valid and
collectible other insurance, whether prlma,y,
excess, contingent or on any other basis,
COMMERCIAL GENERAL LIABILITY
that is available to any of your •employees"
for "bodily Injury' that arises out of providing
or failing to provide "incidental medical
services" to any person to the extent not
subject to Paragraph 2.a.(1) of Section U -
Who Is An Insured.
K. MEDICAL PAYMENTS- INCREASED LIMIT
The followfng replaces Paragraph 7. of
SECTION 111- LIMITS OF INSURANCE:
7. Subject to Paragraph 5. above, the Medical
Expense Limit is the most we wHI pay under
Coverage C for all medical expenses
because of •bodily injury" sustained by any
one person, and wiU be the higher of:
a. $10,000: or
b. The amount shown in the Dedaratlons of
this Coverage Part for Medical Expense
Limit.
L AMENDMENT OF EXCESS INSURANCE
CONDITION - PROFESSIONAL LIABILITY
The following is added to Paragraph 4.b.,
Excess Insurance. of SECTION IV -
COMMERCIAL GENERAL · LIABILITY
CONDmONS:
This insurance is excess over any of the other
Insurance. whether primary, excess, contingent
or on any other basis, that is Professional
Uabir11.y or similar coverage, to the extent the
loss is not subject to the professional services
exclusion of Coverage A or Coverage B.
M. BLANKET WAIVER OF SUBROGATION -
WHEN REQUIRED BY WRITTEN CONTRACT
OR AGREEMENT
The following 1s added to Paragraph a., Transfer
Of Rights Of Recovery Against Others To Us,
of SECTION IV - COMMERCIAL GENERAL
LIABILITY CONDfflONS:
If the insured has agreed in a written contrad or
agreement to waive that lnsured's right of
recovery against any person or organization, we
waive our right of recovery against such person
or organization, but only for payments we make
because of:
a, •Bodily injury" or "property damage" that
occurs: or
b. "Personal and advertising injury" caused by
an offense that ls committed:
subsequent to the signing of that contract or
agreement.
CGD3790219 o 2017 The Travalara Indemnity Company. All rtghla reserved. Page S of 6 Includes c:opyrtghted malerlal of ln8uranCe Services Office, Inc. wllh Ila pemdsalan. 145
COMMERCIAL GENERAL LIABILl1Y
N. CONTRACTUAL LIABILITY - RAILROADS
1. The following replaces Paragraph c. of the
definition of ninsured contract" in the
DEFINfflONS Section:
c. Any easement or kense agreement:
2. Paragraph f.(1) of the definition of 0insured
contract" in the DERNITIONS Section Is
deJeted.
Includes copyrighted material of ln8UtanCa Senllca8 Ofllce, Inc. wHh Ila pemdalon.
CG D3790219
146
POLICY NUMBER: 680-4H777478-21-47
COMMERCIAL GENERAL LIABIUlY
ISSUE DATE: 1/28/2021
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULL V.
TOTAL AGGREGATE LIMIT OTHER THAN PROJECTS
AND DESIGNATED PROJECT AND LOCATION
AGGREGATE LIMITS
This endorsement modifies Insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE-LIMITS OF INSURANCE AND DESIGNATED PROJECTS AND LOCATIONS
LIMITS OF INSURANCE
Total Aggn1g11te Limit $ 10, ooo, 000
(other Than Projects and Pruducts-Completed Operations) Designated Location Aggregate Umlt
(other Than Products-Completed Operations)
Designated Project Aggregate Umlt $ 2,000,000
(Othar Than Products-Completed Operations)
General Aggregate Umit $ 2,000,000
(other Than Products-completed Operations)
Designated Projects: Baab •project• for which you have agreed, in a written acmtraat which ia in effeot during this policy period, to provide a separate GeDeral Aggregate Limit, provided that t:he acmtract is signed by you before the •bodily iujury• or •property damage• occ:urs.
Designated Locations:
All looaticms listed in Xtam 3. of the Common Policy Declaraticma or in any Master Paa Account Bxpoaure Blldorsameat included in this policy.
PROVISIONS
1. The General Aggregate Limit (other Than
Products-Completed Operations) shown In the
Declarations Is replaced by the Limits of
Insurance shown In the Schedule - Umits Of
Insurance And Designated Projects And
Locations.
1. The Limits of Insurance shown In the
Declarations or the Schedule - Limits Of
Insurance And Designated Projects And
Locations, whichever apply, and the rules
below fix the most we wiU pay regardless of
the number of:
2. The following replaces Paragraph 1. of SECTION
IU- LIMITS OF INSURANCE:
a. Insureds:
b. Claims made or °suits" brought;
CGD4&90219 O 2017 The Trevelet8 lnclemnlty Company. All rights reeerved.
Includes copyrighted malarlal of lnauranoa 8eMcea Office, lnC. with Ila parmlulon, Page 1 of 3 147
COMMERCIAL GENERAL LIABILITY
c. Persons or organizations making claims
or bringing "suits": or
d. •Projects11 or •1ocat1ons•.
3. The following replaces Paragraph 2. of SECTION
W- LIMITS OF INSURANCE:
2, a. The Total Aggregate Limit shown in the
Schedule - Umits Of Insurance And
Designated Projects And Locations is the
most we will pay for the sum of all
amounts under the Designated Location
Aggregate Limit and an amounts under
the General Aggregate Limit. This
includes:
(1) Damages under Coverage A. except
damages because of •bodily Injury" or
"property damage11 included in
the "products-completed operations
hazard":
(2) Damages under coverage B: and
(3) Medical expenses under Coverage c.
b. The Designated Projed Aggregate Umlt
shown In the Schedule - Limits Of
Insurance And Designated Projects And
Locations applies and is further subject to
all of the following provisions:
(1) The Designated Project Aggregate
Limit is the most we will pay for the
sum of:
(a) Damages under Coverage A
because of "bodly Injury" and
•property damage• caused by
•occurrences■: and
(b) Medical expenses under
Coverage c for "bodily Injury"
caused by accidents:
that can be attributed only to
operations at a single "project".
(2) The Designated Projed Aggregate
Umlt applies separately to each
"project".
(3) The Designated Projed Aggregate
Limit does not apply to damages
because of "bodily injury" or '"property
damage• included in the "productscompleted operations hazard".
Instead, the Products-Completed
Operations Aggregate Llmit
described in Paragraph 3. below
applies to such damages.
(4) The Designated Project Aggregate
Limit does not apply to damages
under Coverage B. Instead, the
General Aggregate Limit described fn
Paragraph 2.d. below applies to such
damages.
(5) Any payments made for damages or
medical expenses to which the
Designated Project Aggregate Umit
app6es will reduce the Designated
Project Aggregate Limit for the
applicable Aproject". Such payments
wHI not reduce the Total Aggregate
Limit. the General Aggregate Limit
described in Paragraph 2.d. below.
the Designated Project Aggregate
Limit for any other "project" or the
Designated Location Aggregate Limit.
c. Subject to the Total Aggregate Umit
described in Paragraph 2.a. above, the
Designated Location Aggregate Umit
shown In the Schedule - Limits Of
Insurance And Designated Projects And
Locations appli~ and is further subject to
all of the following provisions:
(1) The Designated Location Aggregate
Limit is the most we wiR pay for the
sum of:
(a) Damages under Coverage A
because of "bodily injury" and
"property damage• caused by
"occurrences":and
(b) Medical expenses under
Coverage C for "bodily injury"
caused by accidents:
that can be attributed only to
operations at a single "location•.
(2) The Designated Location Aggregate
Limit applies separately to each
"location".
(3) The Designated Location Aggregate
Limit does not apply to damages
because of "bodily injury" or "property
damage• included in the •productscompleted operations hazard".
Instead, the Products-Completed
Operations Aggregate Limit
described In Paragraph 3. below
appffes to such damages.
(4) The Designated Location Aggregate
Umlt does not apply to damages
under Coverage B. Instead, the
General Aggregate Limit described in
Page2of3 O 2017 The Travelere lndefllnlly Company. All rlghta raaarvad. CG D4690219 Includes c:of¥1ghted malerlll of tnaurance Servlcaa 0fflce, Inc. wllh Ila pannlaalon. 148
Paragraph 2.d. below applies to such
damages.
(5) Any payments made for damages or
medical expenses to which the
Designated Location Aggregate Limit
applies will reduce:
(a) The Total Aggregate Limit: and
(b) The Designated Location
Aggregate Limit for the applicable
"location•.
Such payments will not reduce the
General Aggregate Umit described in
Paragraph 2.d. below, the
Designated Project Aggregate Limit
or the Designated Location
Aggregate Limit for any other
•1ocat1on•.
d. subject to the Total Aggregate Limit
described In Paragraph 2.a. above, the
General Aggregate Limit shown In the
Schedule - Limits Of Insurance And
Designated Projects And Locations
applies and is further subject to all of the
following provisions:
(1) The General Aggregate Umit is the
most we will pay for the sum of:
(a) Damages under Coverage A
because of "bodily injuay" and
"property damage" caused by
"occurrences". and med'ical
expenses under Coverage C for
"bodily injury'' caused by
accidents, that cannot be
attributed only to operations at a
single -projecr' or a single
"location"; and
(b) Damages under Coverage B.
(2) The General Aggregate Limit does
not apply to damages for "bodily
injury" or "property damage" Included
In the •products-completed operations hazardn. Instead, the Products-Completed Operations
Aggregate Limit described In
Paragraph 3. below applies to such
damages.
(3) Any payments made for damages or
medical expenses to which the
COMMERCIAL GENERAL UABILllY
General Aggregate Umit applies will
reduce:
(a) The Total Aggregate Umit: and
(b) The General Aggregate Limit.
Such payments wifl not reduce the
Designated. Project Aggregate Umit
for any 11projed11 or the Designated
Location Aggregate Limit for any
"location".
4. The following replaces Paragraph 3. of SECTION
111- LIMITS OF INSURANCE:
3. The Products-Completed Operations Aggregate Umlt shown In the Declarations is the most we will pay under Coverage A for
damages because of 11bodily Injury" or
"property damage• Included In the "productscompleted operations hazard". Any payments made for such damages will not reduce the
Total Aggregate Umit, the General Aggregate
Umit, the Designated Project Aggregate Limit
for any "project11 or the Designated Location
Aggregate Limit for any •,ocation".
s. The following Is added to the DEFINmONS
Section:
DLocationD means any designated location shown
In the Schedule - Limits Of Insurance And
Designated Projects and Locations that is owned
by or rented to you. For the purposes of
determining the applicable aggregate limit of
insurance, each 11locat1on• that includes a
premises involving the same or connecting lots.
or premises whose connection is interrupted only
by a street, roadway or waterway. or by a right-ofway of a rai1road, wUI be considered a single "focatton•. 11Project11 means any designated project shown In
the Schedule - Umils Of Insurance And
Designated Projects And Locations that Is away
from premises owned by or rented to you and at
which you are performing operations pursuant to
a contract or agreemenL For the purposes of
determining the applicable aggregate limit of
insurance, each "project" that Includes a premises
Involving the same or connecting lots, or
premises whose connection fs interrupted only by
a street, roadway or waterway, or by a right-ofway of a railroad, wm be considered a single "project".
CGD4690219 0 2017 The Travelers Indemnity Company. All rlghl8 reNIVed, lncludea copyrighted material of ln8U1811C8 Servlcaa Office. Inc. with Ila pannlaalon.
149
POLICY NUMBER: 680-4H777478-21-47 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
AMENDATORY ENDORSEMENT - PRODUCTSCOMPLETED OPERATIONS HAZARD This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
The following replaces Paragraph b.(3) of the definition of •products-completed operadons hazan:fa In the DEFINfflONS Section:
(3) Products or operations for which the dassification. listed in the Declarations, in a policy Schedule or in our manual of rules. states that the p,oducts-completed operations are subject to the General Aggregate Limit.
CGD3090219 0 2017 The Travetara lndemnlly Company. AD rights raaeMKI, lnclud8a copydghled maleflal of ln8unmOe SefVlces Office, Inc. wllh Ila pennJulon.
150
POLICY NUMBER: 680-4H777478-21-47 ISSUE DATE: 1/2812021 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
DESIGNATED ENTITY - NOTICE OF
CANCELLA TION/NONRENEWAL PROVIDED BY US
This endorsement modifies insurance provided under the foUowlng:
ALL COVERAGE PARTS INCLUDED IN THIS POLICY
SCHEDULg
CANCELLATION:
NONRENEWAL:
Number of Days Notice of Cancellation: 30
Number of Days Notice of Nonrenewal: 30
PERSON OR
ORGANIZATION:
Alff PDSOH OR OHABIZATIOH TO IIJIOM YOU
DVB ACDBBD D A WRiftBR C01ffltAC'r TD2:
JIOTICB OP CARCBLLA'l'IOH OR Jl'OHJlBBBWAL OP nzs POLI.er W%LL BB GIVD. BU'r ORLY I.l's
1. YOU SBl1D US A WllZftlDI RBQUBST TO
PROVD>B SUCK HOTICB, INCLUDING TBB
HAD ARD ADDRBSS OP SUCH JIBRSOH 0Jl
ORGPIZA'HOH. AftBJt 'fBB PIRS'I' DIIBD
DISURBD RBCBIVBS RO'nc::B PROH US 01'
TJIB CAHCBLLATJ:01' OR HOlllUD1BWAL 01' TIIJ:S POLICY, ARD
2. WB RBCBIVB SlJCB WlliftBR RBQUBST AT
LBAST 14 DAYS BBPORB '1'BB BBGD1HJ:IIQ OF
TBB APPLICABLE N'DNBBR OJ' :DAYS SBOWH
lH DIS &CBBDULB.
ADDRESS:
TIIB ADDRBSS l'OR TBA.'1' PBRSOH OR ORGANXZA'rlOJII DfCLUJ)BD DI S'D'CR WRXT'1'BH RBQ'D'BBT ROIi YOU 'rO US.
PROVISIONS:
A. If we cancel this policy for any statutorily permit• ted reason other than nonpayment of premium,
and a number of days is shown for cancellation in
the schedule above, we wHI mail notice of cancellation to the person or organization shown in the schedule above. We will mail such notice to the
address shown in the schedule above at least the
number of days shown for cancellation In the
schedule above before the effective date of cancellation.
B. If we decide to not renew this poticy for any statutorily permitted reason, and a number of days Is shown for nonrenewal In the schedule above, we
will mail notice of the nonrenewal to the person or
organization shown in the schedule above. We
will mail such notice to the address shown In the
schedule above at least the number of days
shown for nonrenewal in the schedule above before the expiration date.
IL T4001209 0 2009 The Travefenl Indemnity Company Page 1 of 1 151
POLICY NUMBER: BA-4R690875-21-47-G COMMERCIAL AUTO
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
AUTO COVERAGE PLUS ENDORSEMENT
This endorsement modifies Insurance provided under the follc7Mng:
BUSINESS AUTO COVERAGE FORM
GENERAL DESCRIPTION OF COVERAGE - This endorsement bl08dens coverage. However, coverage for any Injury, damage or medical expenses descnbed In any of the provisions of this endoraement may be excluded or limited by another endorsement to the Coverage Part, and these coverage broadening provisions do not apply to lhe extent that coverage is excluded or limited btJ such an endorsement The followlng listing is a general coverage description only. Limitations and exclusions may apply to these coverages. Read all lhe provisions of this endorsement and the rest of your policy carefUlly to determine rights, duties; and what Is and is not covered.
A. BLANKET ADDmONAL INSUReD H. AUDIO, VISUAL AND DATA ELECTRONIC B. EMPLOYEE HIRED AUTO EQUIPMENT - INCREASED LIMIT
C. EMPLOYEES AS INSURED
D. SUPPLEMENTARY PAYMENTS- INCREASED
LIMITS
E. TRAILERS - INCREASED LOAD CAPACITY
F. HIRED AUTO PHYSICAL DAMAGE
G. PHYSICAL DAMAGE - TRANSPORTATION
EXPENSES - INCREASED LIMIT
A. BLANKET ADDITIONAL INSURED
The following Is added lo Paragraph A.1., Who la
An Insured, of SECTION II - COVERED AUTOS
LIABILITY COVERAGE:
Any person or organization who is required under
a written contract or agreement between you and
that person or organization, that Is signed and
executed by you before the "bodily lnjuiy' or
nproperty damage" occurs and that Is In effect
during the policy pertod, to be named as an addltlonal lnsuAKI Is an •1nsured1 • for Covered Autos
Llablllty Coverage. but only for damages to which
this insurance applies and only lo the extent that
person or organization qualifies as an n1nsured"
under the Who Is An Insured provision contained
In Sectfon II.
B. EMPLOYEE HIRED AUTO
1. The following is added to Paragraph A.1.,
Who Is An Insured, of SECTION II - COV•
EREO AUTOS LIABILITY COVERAGE:
An nemployeen of yours is an "Insured" while
operating a covered .. auto" hired or ranted
under a contract or agreement in an 11emptoyee•s" name, with your permission, while I. WAIVER OF DEDUCTIBLE - GLASS
J. PERSONAL PROPERTY
K. AIRBAGS
L AUTO LOAN LEASE GAP
M. BLANKET WAIVER OF SUBROGATION
perfonning duties related to the conduct of
your business.
2. The following replaces Paragraph b. in B.&.,
Other Insurance, of SECTION IV - BUSINESS AUTO CONDITIONS:
b. For Hired Auto Physical Damage Coverage. the folfowlng are deemed to· be covered nautos11 you own:
(1) Any covered "auto• you lease, hire,
rent or borrow; and
(2) Any covered "auto" hired or rented by
your nernployeen under a contract In
an nemployee's" name, with your
permlaslon, white performing duties
related to the conduct of your business.
However, any nauto" that la leased, hired,
rented or borrOMd wHh a driver Is not a
covered ''auto11•
C. EMPLOYEES AS INSURED
The following is added lo Paragraph A.1., Who 18
An Insured, of SECTION 11 - COVERED AUTOS
LIABILITY COVERAGE:
CAT4200216 0 2015 The Travelens lndernnfty Company. All rfghla 1'8HfV8d. Page 1 of3 lnCludaa copyrlghled materlal of ln8W8nCe SeMC8I Otlce, Inc. with Ila permlealon. 152
COMMERCIAL AUTO
Any "employee" of yours Is an "Insured" while usIng a covered "auto" you don't own, hire or borrow In your business or your personal affairs.
D. SUPPLEMENTARY PAYMENTS-INCREASED
LIMITS
1. The following replaces Paragraph A.2.a.(2) of
SECTION II - COVERED AUTOS LIABILITY
COVERAGE:
(2) Up to $3,000 for cost of ball bonds (including bonds for related traffic law violations) required because of an 11accldent" we cover. We do not have to fumlsh
these bonds.
2. The following replaces Paragraph A,2,a,(4) of
SECTION II - COVERED AUTOS LIABILITY
COVERAGE:
(4) All reasonable e>epen888 Incurred by the
"insured'' at our request, including actual
loss of eamlngs up to $500 a day because of time off from work.
E. TRAILERS - INCREASED LOAD CAPACITY
The folloWlng replaces Paragraph c.1. of SEC·
TION 1-COVERED AUTOS:
1. ''Trailers• with a load capacity of 3,000
pounds or less clesigned primarily for travel
on public roads.
F. HIRED AUTO PHYSICAL DAMAGE
The following Is added to Paragraph AA., Coverage Extensions, of SECTION Ill - PHYSICAL DAMAGE COVERAGE:
Hired Auto Physical Damage Coverage
If hired "autos" are covered 11autos11 for Covered
Autos Llablllty Coverage but not covered "autoa0
for Physical Damage Coverage, and this pollcy
also provides Physical Damage Coverage for an
owned 11auto", then the Physical Damage Coverage Is extended to "autos" that you hire, rent or borrow subject to the following:
(1) The most we will pay for "loss" to any one
"auto" that you hire, rent or bcrrcw la the
lesser of:
(a) $50,000;
(b) The actual cash value of the damaged or
stolen property as of the time of the
"lo8s"; or
(c) The cost of repairing or replacing the
damaged or stolen property with other
property of Uke kind and quality.
(2) An adjustment for depreciation and physical
condition will be made In determining actual
cash value in the event of a total 11loss11•
(3) If a repair or replacement results In better
than Uke kind or quality, we will not pay for the
amount of betterment
(4) A deductible equal to the highest Physical
Damage deductible applicable to any owned
covered "auto".
(S) This Coverage Extension does not apply to:
(a) Any "auto" that is hired. rented or borrowed with a driver; or (b) Any 11auto" that Is hired, rented or borrowed from your "emplayee".
G. PHYSICAL DAMAGE - TRANSPORTATION
EXPENSES- INCREASED LIMIT .
The following replaces the first sentence In Paragraph AA.a., Transportation Expenaea, of SECTION Ill - PHYSICAL DAMAGE COVER•
AGE:
We will pay up·to $50 per day to a maximum of
$1,500 for temporary transportation expense Incurred by you because of the total theft of a covered "auto" of the private passenger type.
H. AUDIO, VISUAL AND DATA ELECTRONIC
EQUIPMENT- INCREASED LIMIT
Paragraph C.1.b. of SECTION Ill - PHYSICAL
DAMAGE COVERAGE is deleted.
I. WAIVER OF DEDUCTIBLE - GLASS
The following Is added to Paragraph D., Deductl•
ble, of SECTION Ill - PHYSICAL DAMAGE
COVERAGE:
No deductible for a covered "auto" will apply to
glass damage If the glass Is repaired rather than
replaced.
J. PERSONAL PROPERTY
The following Is added to Paragraph A.4., Coverage Extensions, of SECTION Ill - PHYSICAL DAMAGE COVERAGE:
Personal Property Coverage
We will pay up to $400 for "loss" to wearing apparel and other personal property which Is:
(1) Owned by an ,nsurecr; and
(2) In or on your covered ''auto".
This coverage only applies In the event of a total
theft of your covered "auto ...
No deductibles apply to Personal Property coverage.
Page2of3 C 2018 The Travale18 Indemnity Company. AD rigid& raservad. CAT4 200215 lncludee copyrighted material of Insurance Servlcea Office, Inc. wllh Its pennlsalon. 153
K. AIRBAGS
The folloWing Is added to Paragraph B.3., Exclu•
alone, of SECTION HI - PHYSICAL DAMAGE
COVERAGE:
Exclusion 3.a. does not apply to "loss" to one or
more airbags In a covered "auto" you own that Inflate due to a cause other than a cause of "loss" set forth In Paragraphs A.1.b. and A.1.c., but
only:
a. If that "auto" Is a covered ttauto" for Comprehensive Coverage under this poDcy; b. The allbags are not covered under any warranty; and c. The airbags were not intentionally inflated.
We will pay up to a maximum of $1,000 for any
one,oss".
L AUTO LOAN LEASE GAP
The following Is added to Paragraph A.4., Coverage Extensions, of SECTION UI - PHYSICAL DAMAGE COVERAGE:
Auto Loan Lea•• Gap Coverage for Private
Paaeenger Type Vehlolea
In the event of a total "loss" to a covered "auto" of
the private passenger type shown In the Schedule
or Declarations for which Physical Damage Coverage Is provided, we wlll pay any unpaid amount due on the lease or loan for such covered ''auto"
less the following:
(1) The amount paid under the Physical Damage
Coverage Section of the pollcy for that "auto";
and
COMMERCIAL AUTO
(2) Any.
(a) Overdue tease or loan payments at the
time of the "lou";
(b) Financial penalties Imposed under a
lease for exceaalve use, abnonnal wear
and tear or high mHeage;
(c) security deposits not returned by the lessor,
(d) Costs for extended wanantles, Credit Life
Insurance, Health, Accident or Disability
Insurance purchased with the loan or
lease; and
(a) C&rry-over balances from previous loans
or leases.
M. BLANKET WAIVER OF SUBROGATION
The following replaces Paragraph A.&., Transfer
Of Rights Of Recovery Against Others To Ua,
of SECTION IV - BUSINESS AUTO CONDI•
TIONS:
&. Transfer Of Rights Of Recovery Against
Others To Us
We waive any right of recovery we may have
against any person or organization to the extent required of you by a written contract executed prior to any •accidenr• or "loss'', provkled that the "accident" or "loss" arises out of the operations contemplated by $UCh contract. The waiver applies only to the person or organization designated in such contract.
CA T4 20 0215 O 2015 The Travelers lndemnlly Company. All rights ruarvad. Page3of3 lncludas coprlfghled maladal of Insurance Semcea Oftlca. lno. wfth la pennlaalan. 154
POLICY NUMBER: BA-4R690875-21-47-G COMMERCIAL AUTO
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
BLANKET ADDITIONAL INSURED - PRIMARY AND
NON-CONTRIBUTORY WITH OTHER INSURANCE
This end011ement modifies insurance pro\4ded under the follOWlng:
BUSINESS AUTO COVERAGE FORM
PROVISIONS
1. The foJlowlng Is added to Paragraph A.1.c., Who
Is An Insured, of SECTION II - COVERED
AUTOS LIABILITY COVERAGE:
This Includes any person or organization who you
are required under a written contract or
agreement between you and that person or·
organization, that is signed by you before the
'boc:IDy Injury" or "property damage'' occurs and
that Is in effect during the policy period, to name
as an additional Insured for Co\48ted Autos
Uablllty Coverage, but only for damages to which
this Insurance appHes and only to the extent of
that person's or organization's Uablllty for the
conduct of another nlnsured''.
2. The follOWlng is added to Paragraph 8.8., Other
Insurance of SECTION IV - BUSINESS AUTO
CONDITIONS:
Regardless of the pro\1slons of paragraph a. and
paragraph d. of this part &. Other Insurance, this
Insurance Is primary to and non-contributory with
appllcable other Insurance under which an
additional Insured person or organization is the
first named Insured when the written contract or
agreement between you and that person or
organization, that Is signed by you before the
''bodily Injury'' or "property damage" occurs and
that Is In effect during the policy period, requires
this insurance to be primary and non-contribUtDry.
CA T4 740218 o 2016 TIie Trave1818 lndemnlt, Company. All rights reaervad. Page 1 of 1 Includes copyrighted malerl8I of Insurance Servlce8 0fflca. Inc. wl1h Ila pennlssfon. 155
UMBREUA
POLICY NUMBER: CUP-0J&05520-21-47 ISSUE DATE: 01/29/2021 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CARERJLLY.
SCHEDULE OF UNDERLYING INSURANCE
This endorsement modifies insurance provided under the foffowing:
EXCESS FOLLOW-FORM AND UMBRELLA LIABILITY INSURANCE
lllllployee Benefits Liability
carrier 'DAVBLBRS PllOPBRTY CASUAJ,ff
COIIPUY OP AIIDJ:CA
Poffcy Number 680-0048777"78-21
Polley Period
From: 03/14/2021
to: 03/14/2022
C011111U1Rial caenaz,&1 Lial>ility
Carrier '1'RAVBLBllS PROPBllTY CASUALft'
COJIPAHY OP AMBJaCA
Policy Number 680-004B777478-21
Policy Period
From: 03/14/2021
to: 03/14/2022
Automobile Liability
Umlts Of Uabllity
Bach Bmployee
Aggregate
Umlts Of Uablll~
Gezleral Aggregate
Products-Completed
Operations Aggregate
Personal and
Advertiaiug ID.ju:z:y
Bach Occurrence
Umlts Of Uablll~
$1,000,000
$1,000,000
$2,000,000
$2,000,000
$1,000,000
$1,000,000
carrier 'l'RAVBLBU StllOPDff CASUALTY
CODUY OP AHBRJ:CA
Bodily Injury And Stroperty $1,000,000
Damage Combiued Siagla
PoRcy Number BA-004RU0875-21
Policy Period
From: 03/14/2021
to: 03/14/2022
L:lmi.t
PROOUCER:DLL & CODARY OFFICE:SPBClAI,l:ST AU 21lt
EU 00 03 08 18 0 2018 The Tnmslft lnclemnily Company, All lfgtdl reNIV8d. Pagel of2 156
UMBRELLA
POLICY NUMBER: CUP-OJ605520-21-t7 ISSUE DATE: 01/29/2021 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
SCHEDULE OF UNDERLYING INSURANCE
This endorsement modifies insurance provided under the following:
EXCESS FOLLOW-FORM AND UMBRELLA LIABILITY INSURANCE
Bmployera Liability
Carrier STATB COIIPBRSAT%0B DSURAHCB
PDIID
Poficy Number 91H062-15
Policy Period
From: 03/14/2020
to: 03/H/2021
Carrier
Poftcy Number
Po&cy Period
From:
to:
Carrier
Poflcy Number
PoUcy Period
From:
to:
PRODUCER:BALL & COIIPABY
Umlts Of Uablllty
Bodily XDjw:y By Accident
Bach Accident
Bodily lDjw:y By Diae-•
Policy Limit
Bodily lnjw:y By Disease
Bach Bmployee
Umlts Of Uablllty
Umlts Of Liability
OFFICE:SIIBCIALIST AU 21X
EU 00030818 0 2018 The Tl'IIVtllera lndemnlly Conlpanr. AD rlghl8 rnarvecl. $1,000,000
$1,000,000
$1,000,000
Page2 of 2
157
POLICY NUMBER: Ct1P .. o.r&oss20-21-47 ISSUE DATE: 01/29/2021 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
DESIGNATED PERSON OR ORGANIZATION - NOTICE OF
CANCELLATION OR NONRENEWAL PROVIDED BY US
This endorsement modifies Insurance provided under the foUowing:
ALL COVERAGE PARTS INCLUDED IN THIS POLICY
SCHEDULE
CANCELLATION: Number of Days Notice: ___ l_o ___ _
WHEN WE DO NOT RENEW (Nonrenewal): Number of Days Notice: ___ l_o ___ _
PERSON OR
ORGANIZATION:
.IB1' 1BR8011 o:a ORGl.laZATJ:011 m WBOII YOU
BAVB AGRBBD IH A WRI'l'TBH COll'l'RAC'f TIIA'l'
HOT:tCB 01' CAIJCBLLM'IOR OR :XOIUtBIIBWAL -01' 'l'BJ:S POLJ:CY WXLL BB GIVIDI', BUT OJILY II':
1. YOU SDD VS A WRr1'TBll RBQUBS'l' 'l'O
PROYmB SVCH JIOT%CB, DICLUDDIG TIIB
DNB AID> ADJ>RBSS OP SUCH PBUOH OR
ORGAHIZATl:011, AftBll TIIB l"IRST J1AIIBD
DIS'DKBD UCB:rvBS HOT:tCB DOM US OP
'1'BB CAJICBLLATJ:OB oa BOll11UIHBWAL OP TmS POLICY, DD
2. WB RBCBIVB SUCH WRITTBH RBQUBS'l' A'l'
LBAST 14 DAYS BBl"OU 'rllB BBGDDIDIG 01'
'1'BB AJIPLXCABLB RtJKBBJl OP DAYS SBONN'
D 'l'BZS SCBBD'CJLB.
ADDRESS:
'1'IIB ADDRBSS l'OR TIIA'l' PBRSOH OR ORGAHIZ•
A'llOB DCLVDBD DI SUCH WRrffBR RBQUBS'l'
l'llOII YOU TO US.
PROVISIONS
A. If we cancel this policy for any legally permitted
reason other than nonpayment of premium, and a
number of days Is shown for cancellation In the
Schedule above, we will maU notice of
cancellation to the person or organization shown
in such Schedule. We will maH such notice ta the
address shown in the Schedule above at least the
number of days shown for cancellation in such
Schedule before the effective date of canceOation.
B. If we do not renew this policy for any legally
permitted reason ether than nonpayment of
premium. and a number of days Is shown for
When We Do Not Renew (Nonrenewal) In the
Schedule above, we wfU mail notice of
nonrenewal to the person or organization shown
In such Schedule. We will maU such notice to the
address shown In the Schedule above at least the
number of days shown for When We Do Not
Renew (Nonrenewal) In such Schedule before the
effective date of nonrenewal.
IL T4000519 0 2018 The Travelers Indemnity Company, All rfgllla l888Mld. Page 1 of 1 158
POLICY NUMBER: CUP-oJ605520-21-47 UMBRELLA
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS
This endorsement modffles Insurance provided under the following:
COMMERCIAL EXCESS LIABILITY (UMBRELLA) INSURANCE
The following is added to Paragraph 11., OUR RIGHT
TO RECOVER FROM OTHERS., of SECTION IV -
CONDfflONS.:
If the Insured has agreed in a contract or agreement
to waive that Insureds right of recovery against any
person or organization, we waive our right of recovery
against such person or organization, but only for
payments we make because of:
a. •Bodily injury" or •property damage" caused by an
•occurrence• that takes place; or
b. •personal injury" or •advertising injwy" caused by
an •offense• that is committed:
subsequent to the execution of the contract or agreement UM04880708 0 2008 The Tra\18lera Companies, Inc. Page 1 of 1 Includes the copyrfghled malerfal of ln8Ul'8flC8 8ervlcaa Offlca, Inc. wllh Ila pami1811on. 159
THIS PAGE IS INTENTIONALLY LEFT BLANK
160
STATE
\·:t 1•.ti-:-t=;.: ,_";"t(H~
I;• r, U;:. •· "l Cr.:
FUND
ENDORSEMENT AGREEMENT
WAIVER OF SUBROGA'l'ION
BLANKE'!' BASIS 9114062-21
RENEWAL
SC
HOME OFFICE 7-10-60-68
SAN FRANCISCO EFFECTIVE MARCH 14, 2021 AT 12.01 A.M. PAGE 1 OF 1
ALL EFFECTIVE DATES ARE
AT 12:01 AM PACIFIC
STANDARD TIME OR THE
TIME INDICATED AT
PACIFIC SfANDARD TIME
AND EXPIRING MARCH 14, 2022 AT 12.01 A.M.
GPA CONSULTING
201 NEVADA S'l' UNI'l' B
EL SEGUNDO, CA 90245
WE HAVE TSE RIGBT TO RECOVER OOR PADdENTS :&'ROM ANYONE LIABLE l'OR AN . DtJORY COVEBBD BY THIS POLICY. WE WILL NOT ENFORCE OUR RIGB'l' AGAINST THE PERSON OR
ORGANIZATION NAMED :IN THE SCIIEDOLB.
THIS AGREEMENT APPLIES ONLY TO THE EXTENT 'l'BA'l' YOU
PJl:RFOIQI WORK ONDEP. A WRIT'l'EN CONTRACT THAT :REQUIRES YOO TO OBTAIN 'l'BIS AGREEMENT FROM US.
THE ADDITIONAL PREMIUM FOR TRIS BNDORSEMEN'l' SHALL BE
2.001 or ftlE TOTAL POLICY PREMIUM.
SCIIEDULB
PERSON OR ORGANIZATION
ANY PERSON OR ORGANIZATION
FOR WHOM 'l'BB NAMED DtSDRED
BAS AGREED BY "NRI'l'TEN
CONTRACT 'l'O l'tJRNISR THIS
WAIVER
JOB DESCRIPTION
BLANDT 'NAIVJllR Oli'
SllBROGATION
NOTHING IN THIS ENDORSEMENT SHAl.L BE HELD TO VARY, ALTER, WAIVE OR EXTEND
ANY OF THE TERMS, CONDITIONS, AGREEMENTS, OR LIMITATIONS OF THIS POLICY OTHER THAN AS ABOVE STATED. NOTHING ELSEWHERE IN THIS POLICY SHALL BE
HELD TO VARY, ALTER, WAIVE OR LIMIT THE TERMS, CONDITIONS, AGREEMENTS OR LIMITATIONS IN THIS ENDORSEMENT.
COUNTERSIGNED AND ISSUED AT SAN FRANCISCO:
~~q MARCH 17, 2021
d_,,_. .d/.e:__
PRESIDENT AND CEO
SCIF FORM 10217 tRIV.4•20181
2572
OLO DP 217
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LOsBanos
Al tlw C,·ossroa,ls of C,diJontia
REQUEST FOR QUALIFICATIONS
for
ENVIRONMENTAL CLEARANCE AND
LANDSCAPE ARCHITECTURE SERVICES
FOR
THE PIONEER ROAD WIDENING PROJECT
Date Released: September 1, 2021
Questions with regard to submission, process, or proposal can be emailed to:
Nichol Bowersox, P.E.
Acting Public Works Director
[email protected]
Proposals must be received prior to 4:00 p.m.
September 17, 2021
at the office of City Clerk
City of Los Banos
520 J Street
Los Banos, CA 93635
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TABLE OF CONTENTS
Request for Qualifications
Environmental Clearance Services for the Pioneer Road Widening Project Request for Qualifications .................. ...... ......................................................... 3 Project Description and Background ................................................................. 5 Scope of Services .................................................. .......................................... 5 Purpose of Work
General Personnel Requirements
Deliverables
Schedule
Method of Payment
Materials to Be Provided by the Consultant
Appendix A: Submittal Requirements ............................................................... 8 Appendix B: Proposal Evaluation ................................................. ................... 12 Appendix C: Sample Contract Agreement ...................................................... 16 Appendix D: Project Study Report-Project Development Support ................... 43 Appendix E: Required Caltrans Local Assistance Forms ................................ 44 Exhibit 10-A A&E Consultant Financial Document Review Request Exhibit 10-H1 Cost Proposal
Exhibit 10-1 Notice to Proposers DBE Information
Exhibit 10-K Consultant Annual Certification of Indirect Costs and Financial Management System
Exhibit 10-01 Consultant Proposal DBE Commitment
Exhibit 10-02 Consultant Contract DBE Commitment
Exhibit 10-Q Disclosure of Lobbying Activities
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REQUEST FOR QUALIFICATIONS
Environmental Clearance and Landscape Architecture Services for the Pioneer Road Widening Project
The City of Los Banos (City) is seeking a qualified consulting firm to provide environmental clearance services for the Pioneer Road Widening Project. The response to this solicitation will be in the form of a Statement of Qualifications (SOQ).
The Request for Qualifications (RFQ), in its entirety, can be viewed and/or obtained from the City of Los Banos website: www.losbanos.org.
The City intends to award contract one (1) professional services firms to provide Phase 2B - PA&ED:
Environmental Clearance and Landscape Architecture Services. The performance period becomes effective upon execution of the Agreement by both parties and shall continue in full force and effect until June 30, 2025.
All qualified firms interested in providing these services are invited to submit their SOQs. The SOQs will be evaluated and ranked according to the criteria provided in Appendix B, "Proposal Evaluation," of this Request for Qualifications (RFQ).
It shall be the Consultant's responsibility to check the City of Los Banos' website to obtain any addenda that may be issued.
The Consultant's attention is directed to Appendix A, "Submittal Requirements." Submit five (5) hard copies and one (1) electronic copy in PDF format on a USS flash drive of the Consultant's SOQs. The hard copies and USB flash drive shall be mailed or submitted to the City of Los Banos, 520 J Street, Los Banos, CA 93635, prior to 4:00 p.m., Pacific Standard Time (PST), September 22, 2021. SOQs shall be submitted in a sealed package clearly marked "ENVIRONMENTAL CLEARANCE AND LANDSCAPE ARCHITECTURE SERVICES FOR THE PIONEER ROAD WIDENING PROJECT" and addressed as follows:
City of Los Banos
Attention: City Clerk
520 J Street
Los Banos, CA 93635
Submittals received after the time and date specified above will be considered nonresponsive and will be returned to the Consultant.
Any proposals received prior to the time and date specified above may be withdrawn or modified by written request of the Consultant. To be considered, however, the modified submittal must be received prior to 4:00 p.m., PST, on September 22, 2021.
Unsigned submittals or submittals signed by an individual not authorized to bind the prospective Consultant will be considered nonresponsive and rejected.
Upon review of submitted proposals, the Selection Committee will determine whether interviews are necessary to determine a Consultant selection. The City reserves the right to hold interviews or make a Consultant selection based solely on the SOQs received.
This RFQ does not commit the City of Los Banos to award a contract, to pay any costs incurred in the preparation of a proposal for this request, or to procure, or contract for services. The City of Los Banos reserves the right to accept or reject any or all SOQs received as a result of this request, to negotiate with any qualified Consultant, or to modify or cancel in part or in its entirety the RFQ if it is in the best interests of the City of Los Banos to do so.
The prospective Consultant(s) is advised that should this RFQ result in recommendation for award of a contract, the contract will not be in force until it is approved and fully executed by the City of Los City of Los Banos Request for Qualifications - Environmental Clearance and Landscape Architecture Services for the Pioneer Road Widening Project Page 3 of45 167
Banos. All products used or developed in the execution of any contract resulting from this RFQ will remain in the public domain at the completion of the contract.
The anticipated consultant selection schedule is as follows:
SOQ review and evaluation: September 22, 2021 through September 24, 2021 Oral interviews (if necessary): Week of September 27, 2021 Cost Negotiation and Caltrans Pre-Award Audit: October 4, 2021 through October 8, 2021 Contract Award: October 20, 2021
Any questions related to this RFQ shall be submitted in writing to the attention of Nichol Bowersox, P.E., via email at [email protected] Questions shall be submitted before 5:00 p.m. PST on September 10, 2021. Answers to questions and addendum, if necessary, shall be posted on the City website before 5:00 p.m. PST on September 13, 2021.
No oral questions or inquiries about the RFQ shall be accepted.
City of Los Banos Request for Qualifications - Environmental Clearance and Landscape Architecture Services for the Pioneer Road Widening Project Page 4 of45 168
PROJECT DESCRIPTION AND BACKGROUND
The Pioneer Road Widening Project is an approximately 6.5-mile-long design and construction of a 4-lane arterial road. This road is to be designed per City Standards and will include a 10-foot Class I bike/pedestrian path. The location of the widening is from the State Route 152 (SR-152)/Merced College signalized intersection, south to Pioneer Road, easterly along Pioneer Road to the Pioneer Road/Ward Road future intersection, then north along Ward Road to the SR-152/Ward Road signalized intersection.
The City of Los Banos (City) selected Mark Thomas in 2020 to provide engineering services for the Phase 1 - Project Study Report-Project Development Support (PSR-PDS}, Phase 2 - Project Approval and Environmental Document (PA&ED), and Phase 3 - Plans Specifications and Estimate (PS&E) for the Pioneer Road Widening Project. Mark Thomas completed Phase 1 - PSR-PDS and is included in Appendix D. The Mini-Preliminary Environmental Analysis Report (PEAR) prepared for the PSR-PDS anticipates an Initial Study/Mitigated Negative Declaration for California Environmental Quality Act (CEQA} and "Routine" Environmental Assessment/Finding of No Significant Impact for National Environmental Protection Act (NEPA). Mark Thomas's contract has been amended to include Phase 2A - PA&ED: Engineering Services. The City has secured Highway Improvement Program (HIP) and Local Partnership Program (LPP) funds for the nonengineering design components of PA&ED and PS&E.
The City will select a qualified consulting firm to support Mark Thomas to provide Phase 28 - PA&ED: Environmental Clearance and Landscape Architecture Services. Phase 28 consultants shall have the ability to provide in-house services, or the capacity to sublet, environmental generalists and environmental technical studies, landscape architecture design, and public engagement services to complete the requirements of the project. The consultants must be knowledgeable and experienced in the preparation of CEQA and NEPA compliant environmental documents, environmental technical studies, preparing similar environmental compliance documents for Caltrans projects, landscape planting and irrigation plans.
Consultants who plan to sublet any of the required services of a project contained in this RFQ shall include the name of the company(ies) and description of project services that may be potentially sublet.
The project services are to be rendered for the duration of the contract term. The City intends to award one (1) contract to professional services firms. The City does not guarantee a specific dollar amount of the project will be contracted.
Phases 28 is funded in part with federal funds. The Disadvantaged Business Enterprise (DBE) goal established for both phases is 18%.
SCOPE OF SERVICES
Mark Thomas, as the engineering consultant, will lead and direct the consultants. Deliverables and invoices will be submitted to Mark Thomas. The consultants may provide services to the City and Mark Thomas for the Pioneer Road Widening Project including, but not limited to, the following:
PHASE 2A - PA&ED: ENGINEERING SERVICES
All civil and structural engineering, transportation planning and engineering, and hydraulic analysis will be performed by Mark Thomas and is excluded from this scope of work.
PHASE 28 - PA&ED: ENVIRONMENTAL CLEARANCE AND LANDSCAPE ARCHITECTURE
SERVICES
• Provide public outreach and engagement
• Perform environmental technical studies, including but not limited to:
City of Los Banos Request for Qualifications - Environmental Clearance and Landscape Architecture Services for the Pioneer Road Widening Project Page 5of45 · 169
o Community Impact Assessment
o Visual Impact Assessment
o Cultural Studies
o Water Quality Study
o Air Quality Study
o Air Quality Conformity Analysis
o Noise Study
o Phase I Initial Site Assessment
o Natural Environmental Study
o Aquatic Resources Delineation
o Biological Assessment and Federal Endangered Species Act Consultation • Prepare draft and final CEQA/NEPA documentation
• Develop conceptual landscape and aesthetics
• Prepare 65% landscape and irrigation plans (optional task) • Perform geotechnical investigations (optional task)
Phase 2B Deliverables
• Distribution of notices for public information meetings and Notice of Intent, public meeting facilitation, and public comment responses and meeting summaries • Spanish language translation (optional)
• Concept landscape/aesthetics exhibit
• Final environmental technical studies
• Draft and final CEQA/NEPA documents
• 65% landscape and irrigation plans (optional task)
Environmental permitting and preliminary and final landscape architecture design are included in Phase 38 - PS&E and may be offered as a separate agreement upon completion of Phase 28.
PHASE 2C- PA&ED: RIGHT-OF-WAY AND SURVEYING SERVICES
Phase 2C is the subject of a separate solicitation.
GENERAL PERSONNEL REQUIREMENTS
The consultant(s)'s personnel shall be capable, competent, and experienced in performing the types of work in this Contract with minimal instruction. Personnel skill level should match the specific job classifications, as set forth herein or in the consultant's Cost Proposal and task complexity. The consultant's personnel shall be knowledgeable about, and comply with, all applicable Federal, State, and Local laws and regulations.
The consultant(s) is required to submit a written request and obtain the City's Contract Administrator's prior written approval for any substitutions, additions, alterations, or modifications to the consultant's originally proposed personnel and project organization, as depicted on the proposed consultant's organization chart or the consultant's cost proposals. The substitute personnel shall have the same job classification as set forth herein or in the consultant's Cost Proposal not exceed the billing rate, and meet or exceed the qualifications and experience level of the previously assigned personnel, at no additional cost to the City.
City of Los Banos Request for Qualifications - Environmental Clearance and Landscape Architecture Services for the Pioneer Road Widening Project Page 6 of45 170
The consultant project manager shall have a documented minimum ten (10) years of demonstrated experience acceptable to City in management and delivery of federally funded transportation projects for local agencies.
In addition to other specified responsibilities, the consultant(s) Project Manager shall be responsible for all matters related to the consultant's personnel, subconsultants, and consultant's and sub- consultants' operations including, but not limited to, the following:
a. Ensuring that deliverables are clearly defined and those criteria are specific, measurable, attainable, realistic and time-bound.
b. Supervising, reviewing, monitoring, training, and directing the consultant's and subconsultants' personnel. c. Assigning qualified personnel to complete the required tasks in coordination with the City Contract Administrator.
d. Administering personnel actions for consultant personnel and ensuring appropriate actions taken for Subconsultant personnel
e. Maintaining and submitting organized project files for record tracking and auditing. f. Developing and attending scheduled coordination meetings. g. Implementing and maintaining quality control procedures to manage conflicts, ensure product accuracy, and identify critical reviews and milestones. h. Assuring that all applicable safety measures are in place. i. Providing invoices in a timely manner and providing monthly Contract expenditures. j. Reviewing invoices for accuracy and completion before billing to City. k. Managing Subconsultants.
I. Managing overall budget for Contract and provide report to the City Contract Administrator. m. Ensuring compliance with the revisions in the Contract. n. Knowledge, experience, and familiarity with prevailing wage issues and requirements in the State of California.
SCHEDULE
The City and Mark Thomas have developed a project schedule as shown in the PSR-PDS. The Draft Environmental Document is to be circulated in May 2022 and the Final Environmental Document approved in March 2023.
METHOD OF PAYMENT
Consultant shall be paid based on the Specific Rates of Compensation for this Contract and for the amount as agreed upon by the City and Consultant. Consultant shall submit request for monthly progress payments.
MATERIALS TO BE PROVIDED BY THE CONSULTANT
Unless otherwise specified, the consultant shall provide all materials to complete the required work in accordance with the delivery schedule and cost estimate.
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03.09.2022
Clean -wav
EXHIBITS
COST PROPOSAL
30 173
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Cost Estimate
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" Land u~D Sludy, Coac,ptual Landscape (PbeoWoib) IO " .. 5 161,86C,,99 ' 1,090.,0 s 1699'7.49 S 16'9,957.49 24 Notk olP" aliowlniti.llS bi,J\, • " .. 18 ,. :11 S 4 1\Pa Dll s ]0,035.58 S 34,035.SB S 34,035.51 " AdlniA.Drdf.WlA 14 .. II l4ll "' 86 ... $ 115,IIIJ.07 S 115.IIJ.07 S 115.ltlll.07 ,. 5Sle• i 11UL-.tlof·Dta.U.£ll. LA ,. " .. .. ,. "' ' 4D,91Ci.BZ S 40,!H6.12 $ 4(1.916.IJ " •- 1 0!11t flk.f\fu, l..a--.J loCimi&dii • " JI ,. 76 ' U ,tlei9.5S S U.G'9.SS S 13.06'.!IS " Public lk.61_. 16 " " ,. ,. Jll s 12,681.13 S 1 61l.13 S Zl.&11.ll .. 1i1t11,.n J;ti,f.A ' 12 ,.. .. SIi S ).11u, 1tn s Jl.7511.55 S 11151'-SS S 17,7511.55 30 ..\dmia fiMl(ll..'l'.A " " .. "' '" ,. .,, ' '°,1G4.fi5 S 60164.65 S 00.164.liS " Jl1111r1 .. 1,1 C__.• • " .. .. '" ,. ,. "' s :5D,H5.J9 $ SO.IU.)9 $ Stl,HS.39 " Fiiial. EIL'IA 12 l4 " " ' 9,277.U S 9,277.15 S 9.177.15 " finaJ U ltJ," ... }ll~atr.u:t1 I 36 36 " 24 Ill s 22.532.JO S 21532,30 5 2:2,531.30 34 fillol KILlAA111111 1q( • JO 36 " ' 7,IG7.24 S 7,IG7.24 S 7,JG7.'24 " ~1UC111,n,,m llli.~ p-1--,. Fmil'1 " l4 ... 41 ,6 224 S I QOD CMI s Jl,641.0S S l5.fi4UIS S lS.641.0S " ITl'lllllr..twia I: ,.., •• t ""'6,ca,e ~ 1"Pbr;:cw11rbl a S 251000.CICI $ s ' 2Sl,OOO.IJO " tADL II: ~bllk..i !l•MOIII • Opt,<Mw (KlrMldff) a S 1'61 U .99 $ • s 161,381.'9 31 ~~PcnnifliDt•Opllma/
, .. .. .. '""'dM~C..,11laa.d~"' J ' • 14 " " .. 1µ S ,1,llall llll ' 17$71.57 s 1U7U7
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Tutal: S 1,4'J.709.70 Ii 1,G42,4111L79
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176
TO:
FROM:
DATE:
City of Los Banos
At I he Crossroads oj C.:alif ornia
Agenda Staff Report
Mayor & City Council Members ~
Joe Hein, Pari<s and Recreation Operations Mana~
April 6, 2022
TYPE OF REPORT: Consent Agenda
SUBJECT: Authorizing Amendment No. 8 to Landscape Maintenance Services Contract between the City of Los Banos and Ronnys Inc.
Recommendation:
That the City Council adopts the Resolution authorizing the City Manager to execute Amendment No. 8 to the Landscape Maintenance Services Contract between the City of Los Banos and Ronnys Inc. to extend the contract tenn commencing on October 1, 2021 and tenninating September 30, 2022.
Background:
The City of Los Banos is currently in a Landscape Maintenance contract for Parks, Streetscapes, and Planters with Ronny's Inc, which commenced on October 2nd, 2014.
This amendment is the eighth amendment to the contract between the City of Los Banos and Ronny's Inc. The contract includes the option to extend the contract for three (3) additional one-year terms, if mutually agreed upon by both parties. This amendment would be the third of three possible one-year extensions to the contract. During the term of the contract and any extensions, the City may accept new parks, streetscapes and planters that are not covered in the original Fee Schedule. Compensation for additional locations will be based on pro rata amount of square footage.
Discussion:
An eighth amendment to the Landscape Maintenance contract between the City of Los Banos and Ronny's Inc. has been prepared by the City Attorney of the City of Los Banos for the Council's review and adoption, if so deemed. Prior to the expiration of the contract on September 30, 2022 City staff will initiate the procurement process for a new landscape maintenance services. Following the selection of a landscape maintenance company, a new contract will be reviewed by the City Council for approval. 177
Fiscal Impact:
There is no additional fiscal impact for the contract extension. Ronny's Inc. has waived its right to a Consumer Price Index (CPI) increase for the extension period.
Attachments:
Resolution
Amendment No. 8 to the Contract
178
RESOLUTION NO. -- A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LOS BANOS AUTHORIZING ENTERING
INTO AN EIGHTH AMENDMENT TO LANDSCAPE
MAINTENANCE CONTRACT BETWEEN THE
CITY OF LOS BANOS AND RONNY'S INC.
WHEREAS, the City of Los Banos is entering into an eighth amendment to the contract for Landscape Maintenance Services with Ronny's Inc.
WHEREAS, the term of the Eighth Amendment shall be effective upon execution of the parties to this contract.
WHEREAS, said Eighth Amendment to the contract, as presented, has been prepared by the City Attorney of the City of Los Banos; and WHEREAS, all the terms and conditions of the contract remain in full effect except as expressly amended by the Eighth Amendment to the contract; and WHEREAS, the City Council of the City of Los Banos designates the Mayor to sign and execute the Eighth Amendment to the contract.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Los Banos does hereby approve the Eighth Amendment to the Contract between the City of Los Banos and Ronny's Inc., and the designation of the Mayor to sign and execute the Eighth Amendment to the contract as presented.
The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 6th day of April 2022, by Council Member --- who moved its adoption, which motion was duly seconded by Council Member --- and the Resolution adopted by the following vote:
AYES:
NOES:
ABSENT:
APPROVED:
Manuel Thomas Faria Ill, Mayor
ATTEST:
Lucille L. Mallonee, City Clerk
1 179
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180
AMENDMENT NO. 8
CONTRACT FOR LANDSCAPE MAINTENANCE SERVICES
[RONNYS INC.)
THIS AMENDMENT NO. 8 TO LANDSCAPE MAINTENANCE CONTRACT, is made and entered into by and between the CITY OF LOS BANOS, a California Municipal corporation, herein referred to as "City", and RONNY'S INC., a California corporation, whose address is 1251 Badger Flat Road, Los Banos, California 93635, herein referred to as "Contractor".
RECITALS
WHEREAS, City and Contractor entered into a Landscape Maintenance Contract, dated October 2, 2014 "Contract" wherein Contractor agreed to perform specified city wide landscaping and maintenance services in accordance with the terms of said Contract; and
WHEREAS, the Contract allows for three one year contract extensions; WHEREAS, the Contract has been extended twice for additional one (1) year terms; and
WHEREAS, the parties now wish to enter into a final extension.
NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS:
1. TERM.
Section 1.02 of the Contract is amended to extend the term of the Contract for an additional one ( 1) year commencing October 1, 2021 and terminating September 30, 2022.
2. INTEGRATION/EFFECTIVE DATE.
Except as expressly amended, all other terms and conditions of the Contract and all prior amendments shall remain in full force and effect. This Amendment No. 8 shall be effective upon execution of the parties to this Contract.
IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 8 to be executed and attested by their respective officers hereunto duly authorized. 181
Date:
Date:
ATTEST:
CITY CLERK
Lucille L. Mallonee, City Clerk
APPROVED AS TO FORM:
William A Vaughn
City Attorney
RONNYS INC. a California corporation
by: RONNY NAVARRO, CEO
CITY OF LOS BANOS, a California
municipal corporation
by: JOSH PINHEIRO, City Manager
182
TO:
FROM:
DATE:
LOsBanos
Ai tile Crossroads ~I L·alifonu,
Agenda Staff Report
Mayor Faria and Members of City Council
tf,Gary Brizzee, Chief of Police
April 6, 2022
SUBJECT: American Rescue Plan Act - Modified Spending Plan - Budget Amendment TYPE OF REPORT: Consent Agenda
Recommendation:
Staff recommends that the City Council adopt a resolution approving the use $102,500 of American Rescue Plan Act Funds to provide non-congregate emergency shelter for those experiencing homelessness, and an additional $5,000 to fund City administrative costs for ARPA projects.
Discussion:
Merced County Community Action Agency (MCCAA) has contracted with the La Plaza Inn in the City of Los Banos for twenty-six rooms to provide non-congregate emergency shelter through March 31, 2022. The program is designed to provide individuals emergency shelter while case managers connect them to supportive services. As of March 3, 2022, forty-nine individuals have participated in the program, fourteen have gained employment, and nine have been permanently housed.
Based on the success of the program there is a strong desire to continue operations through at least October 31, 2022. The motel management have offered to continue the contract through October 31, 2022. With the County of Merced's existing Emergency Solution Grant Corona Virus (ESG CV) allocation anticipated to be fully expended by July 1, 2022, an additional $400,000 is needed to continue the program through October 31, 2022.
The County of Merced and the City of Los Banos held a meeting to discuss a multijurisdiction partnership. Both jurisdictions would allocate $200,000 each to ensure the continued operations through October 31, 2022. At their March 22, 2022, meeting, the 1 183
Merced County Board of Supervisors approved the allocation of $200,000 in support of this partnership.
The City has previously allocated $100,000 of ARPA funding for Homeless Assistance. To date staff has expended $2,102.50 on tents to use as temporarily shelter those experiencing homelessness.
Staff is recommending that Council modify the ARPA spending plan by allocating an additional $102,500 for a total of $200,000 to be used to contract with the County of Merced to continue to provide non-congregate emergency shelter services in Los Banos.
Additionally, staff is requesting that $5,000 be allocated to professional services, to cover administrative costs in regards to ARPA projects.
The requested funding is reallocated from Revenue Reimbursement.
Fiscal Impact:
As of July 2021, the City has received $4,908,342 in ARPA funding; the remaining $4,908,342 in funding will be received in July 2022.
A further breakdown of the ARPA revenue received and previously approved expenditure plan, including this additional requested amount, is below:
Continued on next page ...
2 184
Account Number
Revenue/
Expenditure
Bud et
Collected $4,908,342
,__ ........... Fut ...... _ur_e_R~e~:v~en_u_·e~ JU_l.~20_2_2~) _ - T."",~·· -=~-.~~~------~------=--=--=--=--=--=-:-=.-=.:-=.-:=$=4=:9_0-'8,_3_4_2 ---'---'1 Revenue Total $9,816,684
The City Council may choose to modify the plan, including reprogramming unused fund allocations by increasing or decreasing funds to desired programs.
Reviewed by:
~ - (AJ~ onyaWG,,s
Finance Director
Attachments:
Resolution
3 185
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186
RESOLUTION NO.
A RESOLUTION OF THE CITY OF LOS BANOS AUTHORIZING
EXPENDITURES FROM THE AMERICAN RESCUE PLAN ACT
(ARPA) AND ADOPTING A REVISED BUDGET FOR FISCAL
YEAR 2021/2022 AS IT PERTAINS TO EXPENDITURES
WHEREAS, on March 11, 2021, the American Rescue Plan Act of 2021 (ARPA) was signed into law making available $350 billion through the State and Local Fiscal Recovery Funds (SLFRF) to assist states, tribal governments, and local governments with the reopening and recovery from the adverse health and economic impacts caused by COVID-19; and
WHEREAS, the City of Los Banos received $4,908,342 of the expected $9.8 million under the State and Local Fiscal Recovery Fund, which expenditures are limited to response to the COVID-19 pandemic and its negative health and economic impacts; and
WHEREAS, the City of Los Banos expects to receive an additional amount of $4,908,342 of ARPA funds in July 2022: and
WHEREAS, the City of Los Banos presented an initial spending plan according to COVID-19 eligibility for operational response funded by ARPA; and WHEREAS, the City Council of the City of Los Banos has been presented an amendment to the 2021/2022 Fiscal Year budget, requesting approval to appropriate $107,500 in ARPA funding; and
WHEREAS, the City Council of the City of Los Banos may adjust the overall appropriation levels in each fund at any time during the Fiscal Year by action to amend the budget; and
WHEREAS, the proposed budget increase of $107,500 to expenditures in the following accounts:
Professional Services - Administration 206-410-100-231 $ 5,000 Homeless Assistance 206-410-100-273 $ 102,500
NOW, THEREFORE, BE IT RESOLVED:
1. That the City Council of the City of Los Banos hereby amends the 2021/2022 Fiscal Year Budget to include an increase of $107,500 in expenditures as detailed above.
187
2. That the City Manager or his/her designee is hereby authorized to negotiate, enter into and sign contract documents and any amendments thereto relating to the ARPA programs and projects approved by this resolution.
The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 6th day of April, by Council Member _ ___ who moved its adoption, which motion was duly seconded by Council Member _ __ and the Resolution adopted by the following vote:
AYES:
NOES:
ABSENT:
APPROVED:
Manuel Thomas Faria Ill, Mayor
ATTEST:
Lucille L. Mallonee, City Clerk
188
LOsBanos .. rh · Crossroa s :~ :alifornia
Agenda Staff Report
TO: Mayor Faria and Council Members
FROM:
DATE:
Stacy Souza Elms, Community and Economic Development Director~e_, April 6, 2022
TYPE OF REPORT: Agenda Item
SUBJECT: Los Banos Downtown Property and Business Improvement District Annual Report
Recommendation:
To approve the FY 2023 Los Banos Downtown Property and Business Improvement District Annual Report pursuant to Section 36650 the California Street and Highways Code.
Background:
Established by City Council in October 2019, the Los Banos Downtown Property and Business Improvement District (PBID) was established for five (5) years beginning January 1, 2020 and ending December 31, 2024. The PBID's Boundary generally includes parcels in the downtown business core as shown in Attachment 1 .
The PBID is governed by a non-profit organization known as the Los Banos Downtown Association with Board members comprised of property owners, business owners, and community members. The purpose of the PBID is to provide improvements and activities that are above and beyond those provided by the City and other government agencies.
The goal of the PBID is to enhance the economic wellbeing of Downtown Los Banos in collaboration with property owners and merchants in the area to increase consumer spending, visitation, and activity.
1 189
The adopted Management District Plan (Attachment 2) describes in detail the benefits provided which are:
• Maintenance and General Security
• Marketing and Placemaking
• Small Infrastructure
• Operations
Discussion:
California Streets and Highways Code Section 36650 Requirement The California Streets and Highways Code Section 36650 requires an owners' association to prepare a report for each fiscal year, except the first year, for which assessments are to be levied and collected to pay the cost of the improvements, maintenance, and activities described in the Management District Plan. The Annual Report may propose changes, including but not limited to, the boundaries of the property and business improvement district or any benefit zones within the district, the basis and method of levying the assessments, and any changes in the classification of property, including any categories of business, if a classification is used.
The City Council may approve the report as filed by the owners' association or may modify any particular contained in the report and approve it as modified.
In compliance with State law and the Management District Plan for the PBID, the Fiscal Year 2023 Annual Report outlines the boundaries of the PBID, the future plans for Fiscal Year 2023, and the method and basis of levying the assessment for each property owner. 2023 Improvements and Activities:
1. Maintenance and General Security. The Maintenance program is focused on providing a cleaner, more accessible, and more attractive environment for potential tenants and customers. The security program aims to increase safety and address issues which discourage property owners, tenants, and customers from visiting downtown. The maintenance and security program includes, but is not limited to the following:
a. Pressure washing sidewalks;
b. Litter removal services, including garbage, debris and leaves, and enhanced solid waste and recycling infrastructure needs throughout the PBID boundaries;
c. Graffiti removal services;
d. Landscape improvements and maintenance, including the trimming and planting of trees and flowers;
e. Contracting with private security patrols to surveil the boundaries and respond to incidents occurring on assessed parcels; and f. Coordinate with the Los Banos Police Department to support crime prevention throughout the PBID boundaries.
2 190
2. Marketing and Place Making. The marketing and placemaking program focuses on highlighting the Los Banos PBID as a unique destination for shopping, dining, and entertainment. The intent of this program is to allow the public to view the Los Banos Downtown PBID as a single destination with a rich collection of attractions, events and services. The marketing and placemaking program includes, but is not limited to the following:
a. Promotions and marketing of the Los Banos Downtown PBID as a destination area;
b. Coordinate special events to attract visitors;
c. Maintenance of the Los Banos Downtown PBID website; and d. Develop promotional materials, visitor guides, maps, press releases and newsletters;
3. Small Infrastructure. This program is to be used to fund tangible items enhance the area of the Los Banos Downtown PBID. The intent is to help with promoting and improving the look and feel of the Los Banos Downtown PBID. The program includes, but is not limited to the following:
a. Pole banners;
b. Wayfinding signage; and
c. Streetscape (i.e. park benches, trash receptacles, bike racks, planters, public art).
4. Operations. This is utilized for administrative costs associated with providing services to the Los Banos Downtown PBID. The costs include the following:
a. Rent;
b. Utilities;
c. Legal fees;
d. Accounting fees;
e. Postage;
f. Administrative staff;
g. Insurance; and
h. Other general office expenses.
With the continued efforts of the Los Banos Downtown PBID, Downtown Los Banos will redevelop into a top entertainment destination with new retailers and restaurants, enhanced capital improvements, and a diverse mix of special events. There has been an increase in private investment in Downtown, which is evident with the revitalization of the Crest Theater into Jams @ 209 (tentatively scheduled to open Q4 2022), and several more projects in the works. The partnership of the Los Banos Downtown Association with the City Los Banos is working to create a livable, walkable downtown for residents, visitors and employees. The partnership is looking forward to continuing to work toward the goal of supporting a safe, beautiful, and thriving downtown.
Carson Lambeth, Vice President of Civitas on behalf Sharon Silva, Executive Director of the Los Banos Downtown Association, will provide a presentation on the 2023 Annual Report and will be available to answer any questions.
3 191
Reviewed by:
Attachments:
1. Los Banos Downtown PBID 2023 Annual Report
2. Los Banos Downtown Management District Plan
4 192
Los Banos Downtown
Property and Business Improvement
District
2 023 Annual Report
Submitted to the City of Los Banos pursuant to Streets and Highways Code section 36650, for calendar year 2023.
Calendar Year 2023
193
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194
Contents
FY 2022 Events and Accomplishments .................................. 3 Boundaries ·····························································•·1111••···············5 Improvements and Activities ........................................................ 6 Cost .................................. s••··············································••1:••·············· ... 7 FY 2023 Projections ........................................................................................................................... 7 Assessment ........................................................................................... 8 Assessment Methodology ................................................................................................................ 8 Surplus and Other Funding ....................................................... a:.,,.8 Surplus ...................................................................................................................................................... 8 Other Funding ....................................................................................................................................... 8 March 25, 2022
Prepared by
Civitas
•♦
CIVITAS
l>ARTNERSHIPS • PAOGAUS • PROSPERITY
(800)999-7781
civitasadvisors.co
Los Banos Downtown Property & Business Improvement District 2023 Annual Report 1
195
FY 2022 Events and Accomplishments
Events
• Mother's Day in the Park - 2-day event with vendors,
beer and wine garden, and Sunday Breakfast
• Wild West Casino Night Dinner with live auction and
over 200 attendees
• Week-long firework booth
• 4th of July Firework Show and Community Celebration
with over 7 live bands, carnival rides, and food trucks with almost 9,000 attendees
• Farm-to-Table Dinner recognizing agricultural leaders and showcasing local vendors with live and silent auctions
• Bi-Weekly Christmas events including Storytime with Santa, Arts and Crafts, and hot chocolate
• Christmas Window Contest highlighting local businesses • Annual Meeting detailing district updates and Annual Report with over 55 attendees
Los Banos Downtown Property & Business Improvement District 2023 Annual Report 3
196
FY 2022 Events and Accomplishments
District Beautification
• Installation and regular upkeep of over 30 planters
• Tree trimming and shaping
• Partnership with City to remove dead trees and plant new trees
Infrastructure Developments
• Downtown Christmas lighting
• Installation of pole banners
• Partnership with City to add Los Banos Archway Sign
Marketing
• Youtube channel, FaceBook page, Twitter account, website, and Information Booth at Street Faire for district and event promotions Los Banos Downtown Property & Business Improvement District 2023 Annual Report 4
197
Boundaries
There are no proposed changes to the boundaries. The LBDPBID boundary is illustrated by the map below.
tos
PBID Boundaries -}· CiViTAS
Los Banos Downtown Property & Business Improvement District 2023 Annual Report 5
198
Improvements and Activities
The improvements and activities to be provided for FY 2023 are consistent with the Management District Plan and continue to be executed by the district's owners' association, Los Banos Downtown Association ("LBDA"). Proposed improvements and activities for FY 2023 include maintenance and general security, marketing and placemaking, and small infrastructure programs to assessed parcels within its boundaries.
1. Maintenance and General Security
The maintenance and general security programs will be designed to maintain and increase usability of assessed parcels for the benefit of assessed parcels. The maintenance programs will focus on providing a cleaner, more accessible, and more attractive environment for potential tenants and customers. The security programs will aim to increase safety and address issues which discourage property owners, tenants, and customers from visiting the LBDPBID. The maintenance and security program will include, but is not limited to:
• Pressure washing sidewalks;
• Litter removal services, including garbage, debris and leaves, and enhanced solid waste and recycling infrastructure needs throughout the LBDPBID; • Graffiti removal services;
• Landscape improvements and maintenance, including the trimming and planting of trees and flowers;
• Contracting with private security patrols to surveil the LBDPBID and respond to incidents occurring on assessed parcels; and • Coordination with the Los Banos Police Department to support crime prevention throughout the LBDPBID.
2. Marketing and Placemaking
Marketing and placemaking efforts will highlight the LBDPBID as a unique destination in an effort to increase visitor activity and sales that directly benefit the assessed parcels. Marketing may include, but is not limited to: promotions and marketing of the LBD PBID as a destination area, special events to attract visitors, the maintenance of a LBDPBID brand package and website, promotional materials, visitor guides, maps, press releases and newsletters. It is the intent of this program to allow the public to view the LBDPBID as a single destination with a rich collection of attractions, events and services.
3. Small Infrastructure
The small infrastructure portion of the budget will be used to fund tangible items that will better the area of the LBDPBID to help with promoting and improving the look and feel of the LBDPBID. Infrastructure may include, but are not limited to: the addition of pole banners, wayfinding signage, park benches, trash receptacles, bike racks, planters, public art and other similar initiatives.
Los Banos Downtown Property & Business Improvement District 2023 Annual Report 6
199
4. Operations
The administration portion of the budget will be utilized for administrative costs associated with providing the services. Those costs may include rent, telephone charges, legal fees, accounting fees, postage, administrative staff, insurance, and other general office expenses.
Cost
FY 2023 Projections
The Los Banos Downtown Association Board of Directors has proposed an increase to the budget for FY 2023 in the amount of$3,750.42 for a total overall budget for YY 22/23 in the amount of $153,767.12. The budget is based upon the following projected allocation of Los Banos Downtown PBID revenues. All budget reallocations are consistent with the Management District Plan's authorized reallocation limit of ten percent (10%).
FY 2023 Year Assessment Budget- $153,767.12
Operations,
$38,441.78, 25%
Small Infrastructure, _ -
$38,441.78, 25%
Maintenance and
General Security,
$38,441.78 , 25%
Marketing&
_ Placemaking,
$38,441.78, 25%
Los Banos Downtown Property & Business Improvement District 2023 Annual Report 7
200
Assessment
The Los Banos Downtown Association Board of Directors has proposed an increase to the method and basis of levying the assessment. The assessment rate is proposed to increase by 2.5% for all property owners.
Assessment Methodology
A. Base Formula. Assessment rates for the FY 2023 year will not exceed the following:
Standard Parcels: $0.28367 per square foot
Government: $0.210125 per square foot
B. Exemptions. Residential parcels will not receive services or benefits from the District and will not be assessed.
Surplus and Other Funding
Surplus
The amount of surplus to be carried over from FY 2022 into FY 2023 is expected to be $76,654.42.
Other Funding
An estimated $17,291 of contributions from sources other than assessments, which include sponsorship funds from the Fourth of July and Christmas events, is anticipated to be used to provide services and improvements for FY 2023. " .
Los Banos Downtown Property & Business Improvement District 2023 Annual Report 8
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202
LOS BANOS DOWNTOWN PROPERTY AND
BUSINESS IMPROVEMENT DISTRICT
MANAGEMENT DISTRICT PLAN AND ENGINEER'S REPORT
203
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204
CONTENTS
I. Overview ................................................................................................................................................. 3 II. Impetus ................................................................................................................................................... 4 III. Background ............................................................................................................................................. 5 IV. Boundaries .............................................................................................................................................. 6 V. Service Plan & Budget .......................................................................................................................... 7 VI. Governance .......................................................................................................................................... 10 VII. Engineer's Report ................................................................................................................................ 11 Appendix 1 - Maximum Annual Assessment Rates ......................................................................................... 24 Appendix 2 - PBID law ......................................................................................................................................... 25 Appendix 3 - Map .................................................................................................................................................. 37 Appendix 4-Total Estimated Maximum Cost oflmprovements, Maintenance, and Activities ............ 38 Appendix 5 - Parcel Assessment Calculations .................................................................................................. 39 July 1, 2019
Prepared by Civitas with the assistance of SS Consulting • • • •
CIVITAS
PARTNlillSHIPS • PROGRESS • PROSPliRITY
www.civitasadvisors.com
(800)999-7781
Los Banos Downtown PBID Management District Plan Page2
205
I. OVERVIEW
Developed by a growing coalition of property owners, the Los Banos Downtown Property and Business Improvement District (LBDPBID) is a benefit assessment district whose main goal is to provide improvements and activities which constitute and convey a special benefit to assessed parcels. This approach has been used successfully in other cities throughout the country to provide special benefits to property owners, namely increased sales, attraction of new tenants, increased occupancies, and specifically increased property values. As required by state law, property owners have created this Management District Plan (Plan) to fonn the LBDPBID.
Location: The LBDPBID generally includes parcels in the downtown area of the City of Los Banos, as show on the map in Section IV.
Purpose: The purpose of the LBDPBID is to provide actlVltles and improvements which constitute and convey a special benefit to assessed parcels. The LBDPBID will provide maintenance and general security, marketing and placemaking, and small infrastructure programs directly and only to assessed parcels within its boundaries.
Budget: The LBDPBID annual assessment budget for the initial year of its five (5) year operation is anticipated to be $146,357.76. The annual budget may be subject to an increase in assessment rates of no more than two and one half of one percent (2.5%) per year. The assessment funds will be supplemented by non-assessment funds (such as grants and event income), so that the total budget for the initial year is estimated at $158,587.84.
Cost: The assessment rate ( cost to the parcel owner) is based on parcel type and parcel square footage. The initial annual rate to each parcel is shown in the table below. Assessment rates may be subject to an increase of no more than two and one half of one percent (2.5%) per year.
Initial Parcel Assessment Rates
Parcel Type Parcel Size (sq. ft.)
Standard $0.270
Government $0.200
Formation: LBDPBID formation requires submittal of petitions from property owners representing more than fifty percent (50%) of the total assessment. The "Right to Vote on Taxes Act" (also known as Proposition 218) requires a ballot vote in which more than fifty percent (50%) of the ballots received, weighted by assessment, be in support of the LBDPBID.
Duration: The LBDPBID will have a five (5) year life beginning January 1, 2020 and ending December 31, 2024. Near the end of the term, the petition, ballot, and City Council hearing process must be repeated for the LBDPBID to be renewed.
Management: The Los Banos Downtown Property Owners Association (LBDPOA) will serve as the Owners' Association for the LBDPBID.
July 1, 2019
Los Banos Downtown PBID Management District Plan Page3
206
II. IMPETUS
There are several reasons why now is the time to form the LBDPBID. The most compelling reasons are as follows.
1. The Need to be Proactive in Detennining the Future of Los Banos.
In order to protect their investment, parcel owners must be partners in the process that determines the level and frequency of services, and how new improvements and development projects are implemented. The LBDPBID will allow these owners to lead and shape future services and improvements through the LBDPBID.
2. The Need to Attract New Business and Investment Throughout Los Banos.
If Los Banos is to compete as a successful commercial district it must develop its own well-financed, proactive strategy to retain businesses and tenants as well as attract new business and investment.
The LBDPBID provides the financial resources to develop and implement a focused strategy that will work to prevent and fill vacancies and attract new tenants to all areas of Los Banos.
3. An Opportunity to Create a Private/Public Partnership with a Unified Voice for Los Banos.
Because parcel owners would be investing financial resources through the LBDPBID, they will be looked upon as a strong partner in negotiations with the City. This partnership will have the ability to leverage the parcel owner's investment with additional public investment in Los Banos.
4. An Opportunity to Establish Private Sector Management and Accountability.
A non-profit, private organization formed for the sole purpose of improving Los Banos will manage the services provided and the LBDPBID. Annual LBDPBID work plans and budgets are developed by a board composed of stakeholders that own property in the Los Banos. Improvements and activities provided by the LBDPBID are subject to private sector performance standards, controls, and accountability.
July 1, 2019
Los Banos Downtown PBID Management District Plan Page 4 207
III. BACKGROUND
The International Downtown Association estimates that more than 1,500 Property and Business Improvement Districts (PBIDs) currently operate throughout the United States and Canada. PBIDs are a time-tested tool for property owners who wish to come together and obtain collective services which benefit their properties.
PBIDs provide supplemental services in addition to those provided by local government. They may also finance physical and capital improvements. These improvements and activities are concentrated within a distinct geographic area and are funded by a special parcel assessment. Services and improvements are only provided to those who pay the assessment.
Although funds are collected by the local government, they are then directed to a private nonprofit. The nonprofit implements services and provides day-to-day oversight. The nonprofit is managed by a Board of Directors representing those who pay the assessment, to help ensure the services meet the needs of property owners and are responsive to changing conditions within the PBID.
PBIDs all over the globe have been proven to work by providing services that improve the overall viability of commercial districts, resulting in higher property values, lease rates, occupancy rates, and sales volumes.
The LBDPBID will be formed pursuant to a state law that took effect in January of 199 5. The "Property and Business Improvement District Law of 1994," which was signed into law by Governor Pete Wilson, ushered in a new generation of Property and Business Improvement Districts in California. Key provisions of the law include:
► Allows a wide variety of services which are tailored to meet specific needs of assessed properties in each individual PBID;
► Requires property owner input and support throughout the formation process; ► Requires written support on both a petition and ballot from property owners paying 50% of proposed assessments;
► Allows for a designated, private nonprofit corporation to manage funds and implement programs, with oversight from property owners and the City; ► Requires limits for assessment rates to ensure that they do not exceed the amount owners are willing to pay; and
► Requires the PBID be renewed after a certain time period, making it accountable to property owners.
The ''Property and Business Improvement Business District Law of 1994" is provided in Appendix 1 of this document.
July 1, 2019
Los Banos Downtown PBID Management District Plan PageS
208
IV. BOUNDARIES
The LBDPBID generally includes parcels in the downtown area of the City of Los Banos, as show on the map below. The service area includes approximately eighty-three (83) parcels with sixty-one (61) parcel owners. The LBDPBID boundary is illustrated by the map below. A larger map is available on request by calling (916) 437-4300 or (800) 999-7781.
tos Banos PBID
PBID Boundaries -<}-· CiViTAS
July 1, 2019
Los Banos Downtown PBID Management District Plan Page 6 209
V. SERVICE PLAN & BUDGET
A. Establishment
Property and business owners in Los Banos have been concerned about the need for coordinated supplemental services in the area for several years. City services and efforts in the area have been welcomed, but limited resources have not allowed for a more comprehensive approach to managing the commercial area.
A service plan to provide special benefits to assessed properties was developed using several methods. A series of property owner meetings, a survey of property owners, an analysis of current property conditions and needs, and an intercept survey of visitors were all conducted. The primary needs identified were:
maintenance, security, marketing, promotional materials, branding, and infrastructure improvements. To meet those needs, the LBDPBID will provide a maintenance and general security, marketing and placemaking, and small infrastructure programs to assessed parcels within its boundaries.
B. Improvements and Activities
The LBDPBID will provide supplemental improvements and activities that are above and beyond those provided by the City and other government agencies. None of the services to be provided by the LBDPBID are provided by the City or other government agencies. The improvements and activities will be provided directly and only to assessed parcels; they will not be provided to parcels that are not assessed.
Each and every service is unique to the LBDPBID, thus the benefits provided are particular and distinct to each assessed parcel.
1. Maintenance and General Security
The maintenance and general security programs will be designed to maintain and increase usability of assessed parcels for the benefit of assessed parcels. The maintenance programs will focus on providing a cleaner, more accessible, and more attractive environment for potential tenants and customers. The security programs will aim to increase safety and address issues which discourage property owners, tenants, and customers from visiting the LBDPBID. The maintenance and security program will include, but is not limited to:
• Pressure washing sidewalks;
• Litter removal services, including garbage, debris and leaves, and enhanced solid waste and recycling infrastructure needs throughout the LBDPBID; • Graffiti removal services;
• Landscape improvements and maintenance, including the trimming and planting of trees and flowers;
• Contracting with private security patrols to surveil the LBDPBID and respond to incidents occurring on assessed parcels; and
• Coordination with the Los Banos Police Department to support crime prevention throughout the LBDPBID.
2. Marketing and Placemaking
Marketing and placemaking efforts will highlight the LBDPBID as a unique destination in an effort to increase visitor activity and sales that directly benefit the assessed parcels. Marketing may include, but is not limited to: promotions and marketing of the LBDPBID as a destination area, special events to attract visitors, the maintenance of a LBDPBID brand package and website, promotional materials, visitor guides, maps, press releases and newsletters. It is the intent of this July 1, 2019
Los Banos Downtown PBID Management District Plan Page 7 210
program to allow the public to view the LBDPBID as a single destination with a rich collection of attractions, events and services.
3. Small Infrastructure
The small infrastructure portion of the budget will be used to fund tangible items that will better the area of the LBDPBID to help with promoting and improving the look and feel of the LBDPBID. Infrastructure may include, but are not limited to: the addition of pole banners, wayfinding signage, park benches, trash receptacles, bike racks, planters, public art and other similar initiatives.
4. Operations
The administration portion of the budget will be utilized for administrative costs associated with providing the services. Those costs may include rent., telephone charges, legal fees, accounting fees, postage, administrative staff, insurance, and other general office expenses.
C. Annual Budget
A projected five (5) year budget for the LBDPBID is provided below. The overall budget shall remain consistent with this Plan. In the event of a legal challenge, assessment funds may be used to defend the LBDPBID. The annual budget is based on the following assumptions and guidelines:
1. The cost of providing improvements and activities may vary depending upon the market cost for those improvements and activities. Expenditures may require adjustment up or down to continue the intended level of improvements and activities. The LBDPOA shall annually have the ability to re-allocate up to ten percent (10%) of the budget allocation by line item within the budgeted categories. Any change will be approved by the LBDPOA and submitted with the Annual Report.
2. Funds not spent in any given year may be rolled over to the next year.
3. The assessment rate may be subject to annual increases that will not exceed two and one half of one percent (2.5%) per year. Increases will be determined by the LBDPOA and will vary each year. The projections below illustrate the maximum annual two and one half of one percent (2.5%) increase for all budget items.
4. Each budget category includes all costs related to providing that service, in accordance with Generally Accepted Accounting Procedures (GAAP). For example, the marketing and placemaking budget includes the cost of staff time dedicated to overseeing and implementing the security program. Staff time dedicated purely to administrative tasks is allocated to the administration portion of the budget. The costs of an individual staff member may be allocated to multiple budget categories, as appropriate in accordance with GAAP. The staffing levels necessary to provide the LBDPBID services will be determined by the LBDPOA on an asneeded basis.
D. Assessment Budget
The total improvement and activity budget for 2020 that is funded by property assessments is $146,357.76. In addition to the assessment revenue, the programs will be supplemented by nonassessment funds. The total of non-assessment funds, and the determination of special and general benefit, is included in the Engineer's Report. The total of assessment and non-assessment funds is provided in Appendix 4. Below is an illustration of the estimated total budget allocations for each budget category for the five (5) year life of the LBDPBID. The allocation of the assessment funds is governed July 1, 2019
Los Banos Downtown PBID Management District Plan Page 8 211
by Section E below. Non-assessment funds may be shifted between budget categories as needed by the LBDPOA Board.
Initial Year Assessment Budget- $146,357.76
Operations,
$36,589.44, 25%
Small Infrastructure, J
$36,589.44 , 25%
E. Annual Maximum Budget
Maintenance and
General Security,
$36,589.44 , 25%
Marketing &
Place making,
$36,589.44 , 25%
The budget below assumes the maximum annual increase of two and one half of one percent (2.5%) is enacted and that there are no changes to the categorical budget allocations.
Year
Maintenance & Marketing& Small Operations General Security Placemaking Infrastructure Total 2020 $36,589.44 $36,589.44 $36,589.44 $36,589.44 $146,357.76 2021 $37,504.18 $37,504.18 $37,504.18 $37,504.18 $150,016.72 2022 $38,441.78 $38,441.78 $38,441.78 $38,441.78 $153,767.12 2023 $39,402.82 $39,402.82 $39,402.82 $39,402.82 $157,611.28 2024 $40,387.89 $40,387.89 $40,387.89 $40,387.89 $161,551.56 Total $192,326.11 $192,326.11 $192,326.11 $192,326.11 $769,304.44 July 1, 2019
Los Banos Downtown PBID Management District Plan Page 9 212
VI. GOVERNANCE
A. Owners' Association
The District shall be governed by the Los Banos Downtown Property Owners Association, with oversight from the Los Banos City Council. The Los Banos Downtown Property Owners Association (LBDPOA) shall serve as the Owners' Association described in the Streets and Highways Code §36651.
The Board of Directors of the LBDPOA and its staff are charged with the day-to-day operations of the LBDPBID.
B. Brown Act & Public Records Act Compliance
An Owners' Association is a private entity and may not be considered a public entity for any purpose, nor may its board members or staff be considered to be public officials for any purpose. The Owners' Association is, however, subject to government regulations relating to transparency, namely the Ralph M.
Brown Act and the California Public Records Act. These regulations are designed to promote public accountability. The Owners' Association must act as a legislative body under the Ralph M. Brown Act (Government Code §54950 et seq.). Thus, meetings of the LBDPOA Board of Directors and certain committees must be held in compliance with the public notice and other requirements of the Brown Act.
The Owners' Association is also subject to the record keeping and disclosure requirements of the California Public Records Act.
C. Annual Report
The LBDPOA shall present an annual report at the end of each year of operation to the City Council pursuant to Streets and Highways Code §36650 (see Appendix 1). The annual report is a prospective report for the upcoming year and must include:
1. Any proposed changes in the boundaries of the LBDPBID or in any benefit zones or classification of property within the district;
2. The improvements, maintenance, and activities to be provided for that fiscal year;
3. The estimated cost of providing the improvements, maintenance, and activities to be provided for that fiscal year;
4. The method and basis of levying the assessment in sufficient detail to allow each real property owner to estimate the amount of the assessment to be levied against his or her property for that fiscal year;
5. The estimated amount of any surplus or deficit revenues to be carried over from a previous fiscal year; and
6. The estimated amount of any contributions to be made from sources other than assessments levied pursuant to this Plan.
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VII. ENGINEER'S REPORT
The LBDPBID's parcel assessments will be imposed in accordance with the provisions of Article XIIID of the California Constitution. Article XIIID provides that "only special benefits are assessable," 1 and requires the City to "separate the general benefits from the special benefits conferred on a parcel."2 Special benefits are a "particular and distinct benefit over and above general benefits conferred on real property located in the district or to the public-at-large." 3 Conversely, a general benefit is "conferred on real property located in the district or to the public-at-large." 4 Assessment law also mandates that "no assessment shall be imposed on any parcel which exceeds the reasonable cost of the proportional special benefit conferred on that parcel." 5 The Engineer determined the total cost of the improvements and activities, quantified the general benefit accruing to the public-at-large and non-assessed parcels adjacent to and within the LBDPBID, and separated that amount from the special benefit accruing to the assessed parcels. Then, the Engineer determined the proportional special benefit derived by each parcel and allocated the special benefit value of the improvements and activities accordingly. The Engineer's determinations and detailed calculations are summarized in this report.
A. Boundary Description and Rationale
The LBDPBID boundaries include parcels in the downtown area of the City of Los Banos. The LBDPBID boundaries include eighty-three (83) parcels with sixty-one (61) parcel owners.
Boundaries were carefully developed to ensure all and only those parcels which will receive special benefits from the proposed activities and improvements are included. This boundary was chosen because it includes parcels within the downtown area of the City Los Banos that will receive special benefits from LBDPBID improvements and activities and generally excludes residential parcels that are statutorily exempt from LBDPBID assessments.
B. Separation of General and Special Benefits
Each of the improvements and activities, and the associated costs and assessments within the LBDPBID, were reviewed, identified, and allocated based on special and general benefits pursuant to Article XIIID of the California Constitution. The assessment has been apportioned based on the proportional special benefits conferred to the assessed parcels located within the LBDPBID boundaries as determined below.
1. General Benefits
Unlike special benefits, which are conferred directly and only upon assessed parcels, a general benefit is conferred on the general public or non-assessed parcels. Existing City and other public services, which are provided to every person and parcel, everywhere within the City, are an example of a general benefit. Although the LBDPBID's boundaries have been narrowly drawn and programs have been carefully designed to provide special benefits, and activities and improvements will only be provided directly to assessed parcels, it is acknowledged that there will be general benefits as a result of the LBDPBID's activities and improvements.
1 Cal. Const, art. XIII D, §4( a) 2 Cal. Const, art. XIII D, §4( a) 3 Id, §2(i) 4 Cal Const, art XIII D §2(i) 5 Cal. Const, art. XIII D, §4(a) July 1, 2019
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The California Constitution mandates that "only special benefits are assessable, and an agency shall separate the general benefits from the special benefits." 6 "Generally, this separation and quantification of general and special benefits must be accomplished by apportioning the cost of a service or improvement between the two and assessing property owners only for the portion of the cost representing special benefits." 7 The first step that must be undertaken to separate general and special benefits provided by the LBDPBID's activities and improvements is to identify and quantify the general benefits. There are two bodies who can receive general benefits: the public-at-large within the LBDPBID, and non-assessed parcels within and surrounding the LBDPBID. a. General Benefit to the Public-at-Large
Although the activities and improvements are narrowly designed and carefully implemented to specially benefit the assessed parcels, and only provided directly to assessed parcels, they will generate a general benefit to the public-at-large within the LBDPBID. State law indicates that "Activities undertaken for the purpose of conferring special benefits upon property to be assessed inherently produce incidental or collateral effects that benefit property or persons not assessed." 8 However, "the mere fact that special benefits produce incidental or collateral effects that benefit property or persons not assessed does not convert any portion of those special benefits or their incidental or collateral effects into general benefits." 9 Further, "the value of any incidental or collateral effects that arise from the improvements, maintenance or activities of a property-based district and that benefit property or persons not assessed shall not be deducted from the entirety of the cost of any special benefit or affect the proportionate special benefit derived by each identified parcel." 10 Thus, although there may be some incidental benefit to persons engaged in business on the assessed parcels, that incidental benefit is not considered general benefit because it is inherently produced by activities and improvements that provide special benefits to the assessed parcels. There is, however, a general benefit to persons not engaged in business on the assessed parcels.
Intercept surveys conducted in similar districts have found that approximately 97.3% of pedestrian traffic within PBID boundaries is engaged in business on assessed parcels, while the remaining approximately
2.7% is simply passing through and not engaging in business on the assessed parcels 11. The 2.7% of traffic passing through does not have any connection to the assessed parcels, and therefore does not represent a special benefit to the assessed parcels. The 2.7% will, however, receive a derivative and indirect general benefit as a result of the activities and improvements being provided in the LBDPBID.
Therefore, it is estimated that 2.7% of the benefit created by the LBDPBID's services is general benefit provided to the public-at-large. To ensure that the assessment dollars do not fund general benefits to the public-at-large, that portion of the cost of activities and improvements will be paid for with funds not obtained through assessments. Using the 2.7% figure, based on the initial year activity and improvement budget, the value of this general benefit to the public-at-large is $4,281.88 ($158,587.84 *0.027). b. General Benefit to Non-Assessed Parcels
Although they are only provided directly to the assessed parcels, the LBDPBID's activities and improvements may also confer general benefits upon non-assessed parcels within and surrounding the LBDPBID. One study examining property values in PBID areas found "no evidence of spill-over 6 Cal. Const, art XIII D §4( a] 7 Golden Hill Neighbornood Association v. City of San Diego (2011) 199 Ca1App.4th 416 8 Streets and Highways Code section 36601(h)(2) 9 Ibid
10 Streets and Highways Code Section 36622(k)(2)
11 Surveys conducted in: North Park, San Diego (January 2015); Mack Road, Sacramento (July 2014); and Sunrise MarketPlace, Citrus Heights (December 2013)
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impacts (either good or bad) on commercial properties located just outside the BID's boundaries;" 12 however, the California Court of Appeals has stated that "services specifically intended for assessed parcels concomitantly confer collateral general benefits to surrounding properties." 13 It is reasonable to conclude that activities and improvements within the LBDPBID will have an incidental impact on non-assessed parcels surrounding or within the LBDPBID's boundaries. Although the legislature has indicated that "the value of any incidental or collateral effects that arise from the improvements, maintenance, or activities of a property-based district and that benefit property or persons not assessed shall not be deducted from the entirety of the cost of any special benefit," 14 the California Court of Appeals has noted that "the characterization of a benefit may depend on whether the parcel receives a direct advantage from the improvement ... or receives an indirect, derivative advantage resulting from the overall public benefits of the improvement." 15 Those derivative and indirect impacts are considered general benefits and will be quantified and separated.
In this Engineer's opinion, because activities and improvements are provided only within the LBDPBID and on its perimeter, parcels separated from the LBDPBID by either at least one intervening parcel or an impassable physical barrier such as a wall, railroad track, freeway, or ditch will not receive spill over benefits. Parcels separated from the LBDPBID will not benefit because they are physically removed from the actual location of activities and improvements provided, and do not face serviced parcels. Therefore, this analysis considers non-assessed parcels within the LBDPBID's boundaries and surrounding parcels that are immediately adjacent to and accessible from the LBDPBID's boundaries.
The total LBDPBID activity and improvement budget for the first year is $158,587.84 After reducing the activity and improvement budget by the general benefit to the public-at-large ($4,281.88), the remaining benefit to parcels is $154,305.96. This benefit has been distributed to both assessed and non-assessed parcels using the following methodology. The general benefit to the public-at-large has been proportionally allocated to the LBDPBID's activity and improvement categories as shown in the following table.
Category Benefit to Parcels Benefit to
Total Public-at-Large
Maintenance & General Security $38,576.47 $1,070.47 $39,646.94 Marketing & Placemaking $38,178.95 $1,059.44 $39,238.39 Small Infrastructure $38,974.05 $1,081.50 $40,055.55
Operations $38,576.49 $1,070.47 $39,646.96
TOTAL $154,305.96 $4,281.88 $158,587.84
To determine the general benefit to parcels, the Engineer assigned each parcel group a benefit factor, determined the appropriate parcel characteristic to use in the calculation, multiplied the benefit factor by the benefit characteristic to determine the benefit units attributable to each parcel group, and apportioned the remaining service cost (service cost minus general benefit to the public) in accordance with the benefit units derived by each parcel group.
12 Furman Center for Real Estate & Urban Policy; The Impact of Business Improvement Districts on Property Values: Evidence from NewYorkCity(2007) p.4 13 Beutz v. Riverside (2010) 184 Ca1App.41h 1516 14 Streets and Highways Code section 36622(1<)(2) 15 Tiburon v. Bonander (2009) 180 Ca!App.4th 1057, 1077 July 1, 2019
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i. Benefit Factors
All parcels within and adjacent to the LBDPBID have been assigned a benefit factor to mathematically represent the proportional special and general benefit and quantify the value of each. The determination of benefit factors for each type of activity follows.
Improvements
The improvements to be provided by the LBDPBID provide two types of special benefits:
Improvement - The primary special benefit provided by the LBDPBID's improvements is the improvements themselves, which are available to tenants and customers of assessed parcels.
Proximity - The LBDPBID's improvements also provide the special benefit of being in proximity to a parcel that is benefitting from an improvement, as parcels will enjoy the spillover benefits of neighboring parcels utilizing the improvements.
The majority of the benefit is the improvements themselves; proximity is a lesser benefit. It is this Engineer's estimation that eighty-five percent (85%) of the special benefit from the LBDPBID's improvements is the improvement, while the presence and proximity special benefits each account for fifteen percent (15%) of the special benefit. Assessed parcels will receive both benefits; nonassessed parcels within and adjacent to the LBDPBID will not be directly improved, and therefore only receive the general benefit of proximity.
Tangible Activities
The tangible activities (those that are physically provided via a person or people working throughout the district) to be provided by the LBDPBID generate three types of special benefits:
Seroice - The primary special benefit provided by the LBDPBID's physical activities is the actual service.
Presence - the LBDPBID's physical activities also provide the special benefit of an individual's presence on the assessed pa.reel as the activities are provided, which can have a deterrent effect and creates a positive impression that the area is well-maintained and safe. The "Disneyland effect" is the benefit the pa.reels receive from the observation that parcels a.re being maintained. There are studies which link the perception of cleanliness to a perception of increased security.
Proximi!J - the LBDPBID's physical activities also provide the special benefit of being in proximity to a cleaner, safer parcel. Neighboring parcels enjoy the spillover benefits of being adjacent to increased safety and cleanliness.
The majority of the benefit received by the parcels is the results of the LBDPBID's services; onsite presence and proximity are lesser benefits. It is this Engineer's estimation that seventy-five percent (75%) of the special benefit from the LBDPBID's physical activities is the service, while the presence and proximity benefits each account for twelve and one-half percent (12.5% presence, 12.5% proximity) of the special benefit. Assessed parcels will receive all three benefits; non-assessed parcels within and adjacent to the LBDPBID will not be directly serviced and therefore only receive the general benefit of proximity.
Intangible Activities
Some of the LBDPBID's activities, such as marketing, are distinct in that they are not provided to a targeted area within the LBDPBID, rather they are provided via Internet, radio, and other forms of July 1, 2019
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media and targeted at an audience outside the LBDPBID in an effort to bring the audience into the LBDPBID. These activities provide two types of special benefits:
Direct Exposure - The primary special benefit provided by the LBDPBID's intangible activities is exposure. The intangible activities increase awareness of the LBDPBID as a commercial and business destination and lead to increased patronage.
Incidental Exposure - The LBDPBID's intangible activities will also have a secondary special benefit of incidental exposure, such as word-of-mouth exposure, that results from the direct exposure and increases awareness of the LBDPBID as a commercial and business destination.
The majority of the benefit from these activities is the direct exposure; the incidental exposure is a lesser benefit. It is this Engineer's estimation that ninety percent (90%) of the special benefit from the intangible activities is direct exposure, while ten percent (10%) is incidental exposure. Assessed parcels will receive both as special benefits; non-assessed parcels within and adjacent to the LBDPBID will not be directly marketed and therefore only receive the general benefit of incidental exposure.
Factors Determined
Based on the foregoing analysis, all assessed parcels within the LBDPBID specially benefit from the LBDPBID's activities and improvements, and have been assigned a benefit factor of 1.0. Parcels that are not assessed have been assigned benefit factors based on the portion of the benefit they will receive, as described above. The non-assessed parcels will benefit from 15% of the improvements,
12.5% of the tangible activities, and 10% of the intangible activities; therefore, they have been assigned benefit factors of 0.15, 0.125, and 0.10, respectively. ii. Non-Assessed Benefit Characteristics
There are two types of parcels that are not assessed; those within the LBDPBID and those immediately adjacent to and accessible from the LBDPBID. Because they generally benefit in a differing manner, distinct parcel characteristics are used to quantify the general benefit to each type.
Inside - Non-assessed parcels inside of the LBDPBID are surrounded by parcels that are assessed and receiving the full special benefits; they will, therefore, receive the general benefits of proximity and indirect exposure. These parcels are impacted on more than one side by the LBDPBID's activities and improvements, marketing has a direct impact all around them, and activities and improvements are provided all around them. Because these parcels are surrounded by specially benefitted parcels, it is appropriate that parcel square footage be used to measure the general benefit they receive.
Ac/jacent - Adjacent parcels are those that are immediately adjacent to or directly across the street from specially benefitted parcels, and accessible from specially benefitted parcels. These parcels generally benefit differently than those inside the LBDPBID, because these parcels are adjacent to, rather than surrounded by, specially benefitted parcels. Square footage is not an appropriate measure of benefit to these parcels. Because the parcels are not surrounded by serviced parcels, a long, shallow parcel with the same square footage as a deep, narrow parcel will receive a different level of general benefit. Likewise, two parcels with the same depth but a different width adjacent to serviced parcels will benefit differently. To account for this difference, it is appropriate that parcel linear frontage be used to measure the general benefit the adjacent parcels receive.
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iii. Calculations
To quantify and separate the general benefit to non-assessed parcels, the following calculations were undertaken for each budget category.
1. The total service budget for each category was determined and the amount of general benefit to the public-at-large was subtracted from the category budget.
2. To determine the amount of general benefit to adjacent parcels, the parcel linear front footage of parcels within the District was compared to the parcel linear front footage of adjacent parcels. Assessed parcels within the District were assigned a benefit factor of 1.0 because they are the recipients of District services. The benefit factor applicable to each activity or improvement for non-assessed parcels was multiplied by the parcel linear frontage to determine the number of benefit units for each parcel group. The benefit units for the parcel groups were summed, and the percentage of benefit units attributable to each parcel group was calculated. The percentage of benefit units for each parcel group was used to apportion the general benefits to non-assessed parcels adjacent to the District (less the general benefit to the public-at-large) for each category.
3. The remaining activity and improvement budget, less the general benefit to the publicat-large and general benefit to the adjacent parcels, was allocated to inside assessed parcels and inside non-assessed parcels based upon parcel square footage. Inside assessed parcels were assigned a benefit factor of 1.0 because they are the recipients of District services. The benefit factor applicable to each activity or improvement was multiplied by the parcel square frontage to determine the number of benefits units for each parcel group:
4. The special and general benefit resulting from the operations portions of the budget was determined based on the proportional allocation of benefits derived from activities and improvements.
Maintenance & General Security
The maintenance & general security budget ($39,646.94), minus the amount of general benefit to the public-at-large ($1,070.47), is $38,576.47. The calculations below determine the amount of general benefit to parcels adjacent to the LBDPBID. The maintenance & general security budget category contains tangible activities; the Engineer used the 0.125 benefit factor to quantify the general benefit.
Parcel
Linear Benefit Benefit Benefit Adjacent
Parcel Tl£1'.!e Footage Factor Units Percent Benefit
Inside Assessed (LF) 6,684 1.000 6,684 94.89% $0.00
Inside Non-Assessed (LF) 375 0.125 47 0.67% $0.00
Adjacent Non-Assessed (LF) 2,506 0.125 313 4.45% $1,715.22 Subtotal 9,565 7,044 100.00% $1,715.22
The maintenance & general security budget, minus the amount of general benefit to the public-atlarge ($38,576.47) minus general benefit to parcels adjacent to the LBDPBID ($1,715.22), is $36,861.25. The calculations below determine general benefit to non-assessed parcels within the LBDPBID and special benefit to the assessed parcels.
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~ Inside NonSauare Benefit Benefit Benefit Assessed Soecial Parcel Tvoe Footage Factor Units Percent Benefit Benefit Inside Assessed (SF) 567,861 1.000 567,861 99.26% $0.00 $36,589.44 Inside Non-Assessed (SF) 33,748 0.125 4,219 0.74% $271.81 $0.00 Subtotal 601,609 572,080 100.00% $271.81 $36,589.44
Therefore, the allocation of the maintenance & general security budget is as follows:
General Benefit - Public-At-Large $1,070.47
General Benefit -Adjacent Parcels $1,715.22
General Benefit - Inside Parcels $271.81
Special Benefit $36,589.44
Total $39,646.94
Marketing & Placemaking
The marketing & placemaking budget ($39,238.39), minus the amount of general benefit to the publicat-large ($1,059.44), is $38,178.95. The calculations below determine the amount of general benefit to parcels adjacent to the LBDPBID. The marketing & placemaking budget category contains intangible activities; the Engineer used the 0.10 benefit factor to quantify the general benefit.
Parcel
Linear Benefit Benefit Benefit Adjacent
Parcel T)l[!e Footage Factor Units Percent Benefit
Inside Assessed (LF) 6,684 1.00 6,684 95.87% $0.00
Inside Non-Assessed (LF) 375 0.100 38 0.54% $0.00
Adjacent Non-Assessed (LF) 2,506 0.100 251 3.59% $1,372.06 Subtotal 9,565 6,972 100.00% $1,372.06
The marketing & placemaking budget, minus the amount of general benefit to the public-at-large ($38,178.95) minus general benefit to parcels adjacent to the LBDPBID ($1,372.06), is $36,806.89.
The calculations below determine general benefit to non-assessed parcels within the LBDPBID and special benefit to the assessed parcels.
Parcel Inside Non- -
Sauare Benefit Benefit Benefit Assessed S[!ecial
Parcel Tvoe Foota£e Factor Units Percent Benefit Benefit Inside Assessed (SF) 567,861 1.00 567,861 99.41% $0.00 $36,589.44 Inside Non-Assessed (SF) 33,748 0.100 3,375 0.59% $217.45 $0.00 Subtotal 601,609 571,236 100.00% $217.45 $36,589.44
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Therefore, the allocation of the marketing & placemaking budget is as follows:
General Benefit - Public-At-Large $1,059.44
General Benefit - Adjacent Parcels $1,372.06
General Benefit - Inside Parcels $217.45
Special Benefit $36,589.44
Total $39,238.39
Small Infrastructure
The small infrastructure budget ($40,055.55), minus the amount of general benefit to the public-atlarge ($1,081.5), is $38,974.05. The calculations below determine the amount of general benefit to parcels adjacent to the LBDPBID. The small infrastructure budget category contains improvements; the Engineer used the 0.150 benefit factor to quantify the general benefit.
Parcel
Linear Benefit Benefit Benefit Adjacent
Parcel Tl£Re Footage Factor2 Units3 Percent" Benefit
Inside Assessed (LF) 6,684 1.00 6,684 93.93% $0.00
Inside Non-Assessed (LF) 375 0.150 56 0.79% $0.00
Adjacent Non-Assessed (LF) 2,506 0.150 376 5.28% $2,058.43 Subtotal 9,565 7,116 100.00% $2,058.43
The small infrastructure budget, minus the amount of general benefit to the public-at-large ($38,974.05) minus general benefit to parcels adjacent to the LBDPBID ($2,058.43), is $36,915.62.
The calculations below determine general benefit to non-assessed parcels within the LBDPBID and special benefit to the assessed parcels.
Inside
Parcel NonFront Benefit Benefit Benefit Assessed SRecial Parcel Tl£Re Footage Factor2 Units3 Percent4 Benefit Benefit Inside Assessed (SF) 567,861 1.00 567,861 99.12% $0.00 $36,589.44 Inside Non-Assessed (SF) 33,748 0.150 5,062 0.88% $326.18 $0.00 Subtotal 601,609 572,923 100.00% $326.18 $36,589.44
Therefore, the allocation of the small infrastructure budget is as follows:
General Benefit - Public-At-Large $1,081.50
General Benefit -Adjacent Parcels $2,058.43
General Benefit - Inside Parcels $326.18
Special Benefit $36,589.44
Total $40,055.55
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Operations
The operations budget line item relates to the activities and improvements provided. These costs have been allocated proportionally based on the special and general benefit provided by each category.
Special General
Benefit Benefit
Value to Value to Total Benefit
Service Provided Parcels Parcels to Parcels
Maintenance & General Security $36,589.44 $1,987.03 $38,576.47 Marketing & Placemaking $36,589.44 $1,589.51 $38,178.95 Small Infrastructure $36,589.44 $2,384.61 $38,974.05
TOTAL $109,768.32 $5,961.15 $115,729.47
% of Benefit to Parcels 94.85% 5.15% 100.00%
TOTAL $36,589.44 $1,987.05 $38,576.49
iv. Total Benefits
Based on the foregoing calculations, the total benefits to assessed parcels, non-assessed parcels, and the general public are:
General General Special
Benefit Benefit Benefit to Total
Service Provided to Public to Parcels Parcels Budget
Maintenance & General Security $1,070.47 $1,987.03 $36,589.44 $39,646.94 Marketing & Placemaking $1,059.44 $1,589.51 $36,589.44 $39,238.39 Small Infrastructure $1,081.50 $2,384.61 $36,589.44 $40,055.55 Operations $1,070.47 $1,987.05 $36,589.44 $39,646.96
TOTAL $4,281.88 $7,948.20 $146,357.76 $158,587.84
c. Non-Assessment Funding
The programs funded by the LBDPBID receive additional non-assessment funding in the form of grants, corporate sponsorships, event income, and other miscellaneous funds. These funding sources are anticipated to equal or exceed the amount of general benefit conferred annually by the LBDPBID's activities and improvements, $12,230.08. These non-assessment funds will be used to pay for the general benefit provided by the LBDPBID's activities and improvements, ensuring that parcel assessments will only be used to provide special benefits.
2. Special Benefit
The activities and improvements to be provided by the LBDPBID constitute and convey special benefits directly to the assessed parcels. Assessment law requires that "the proportionate special benefit derived by each identified parcel shall be determined in relationship to the entirety of the capital cost of a public improvement, the maintenance and operation expenses of a public improvement, or the cost of the property related service being provided." 16 Further, "no assessment shall be imposed on any parcel which exceeds the reasonable cost of the proportional special benefit 16 Cal. Const, art XIII D §4(a)
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conferred on that parcel." 17 Special benefit "includes incidental or collateral effects that arise from the improvements, maintenance, or activities of property-based districts even if those incidental or collateral effects benefit property or persons not assessed." 18 To determine the total special benefit value to be conveyed to the assessed parcels, we deduct the general benefit value ($12,230.08) from the total value of the activities and improvements ($158,587.84). The remaining $146,357.76 is considered the special benefit to assessed parcels (the "Total Assessment"). The Total Assessment represents the total value of the special benefit to be provided by the activities and improvements. The Total Assessment has been proportionally divided among the assessed parcels so that no assessment exceeds the reasonable cost of the proportional special benefit conferred on a parcel. The assessment rate has been designed to ensure that "properties that receive the same proportionate special benefit pay the same assessment." 19 Benefit
General Value to
Total Benefit Parcels Special
Benefit Value to (Special & Benefit to
Service Provided Value Public General) Parcels
Maintenance & General Security $39,646.94 $1,070.47 $38,576.47 $36,589.44 Marketing & Placemaking $39,238.39 $1,059.44 $38,178.95 $36,589.44 Small Infrastructure $40,055.55 $1,081.50 $38,974.05 $36,589.44 Operations $39,646.96 $1,070.47 $38,576.49 $36,589.44
TOTAL $158,587.84 $4,281.88 $154,305.96 $146,357.76
C. Assessment Methodology
1. Base Formula
Each parcel will be assessed based on proportional special benefits received. The variables used for determining the annual assessment formula is parcel type and parcel size. These variables are an appropriate measure of the proportional special benefit because the need for services, level of services, and quantity of services are all relative to these variables; thus, the special benefit provided to each parcel by the services can be proportionally measured using these variables.
Determination of Assessment Rates
"Because not all parcels in the district are identical in size .. . some will receive more special benefit than others." Each of the variables used relates directly to the service level and special benefit provided to each parcel. Parcel square footage is the size of the parcel, measured in square feet. Size is an appropriate measure of proportional special benefit because it relates directly to the quantity of services provided to the parcel, the highest and best use of a parcel, and reflects the long-term value implications of the LBDPBID. The larger a parcel, the more services and benefit the parcel will receive.
Because not all parcels in the LBDPBID are identical in use, some will receive more special benefit than others. For example, a government parcel will benefit to a lesser degree than a standard parcel, because it will not enjoy the benefits of increased commerce resulting from the services. Further detail 17 Jbid 18 Streets and Highways Code section 36615.5 19 Tiburon v. Bonander (2009) 180 CalApp.4th 1057 July 1, 2019
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on the benefit to each parcel type is in the following pages. To determine the assessment rates, the assessed parcels were classified by the estimated benefit each type of parcel receives, the estimated special benefit value of the activities and improvements provided to each type was determined based on approximate cost of service provision, and an assessment rate that is proportional to the estimated proportional benefit received by each parcel type was determined.
To determine the assessment rates, the estimated special benefit value for each parcel type was divided by the total assessable parcel square footage as shown in the tables below.
Parce!Ijpe
Parcel types were categorized based on the typical amount of foot and vehicle traffic on the various standard and government parcels. Parcels with heavy traffic, such as standard parcels, will receive the highest level of services. Parcels with lower traffic, such as government parcels, will receive a lower level of services. The approximate cost of services by parcel type was determined. Then, the cost of services by type was divided by the parcel square footage of those parcels to determine the assessment rates.
Parcel Size
The LBDPBID's services will benefit each assessed parcel as a whole. The service budget, which in this Engineer's estimation, represents special benefits to the parcels, has been allocated based on parcel size.
Initial Parcel Size Parcel Square Initial Parcel
Parcel Type Assessment Rate Budget Footage ($/sqft/yr)
Standard $153,322.47 468,365 = $0.270
Government $153,322.47 99,496 $0.200
Summarv of Assessment Rates
Therefore, for the initial year, the maximum annual assessment rates to parcels are as shown below and in Appendix 1. Maximum annual assessment rates may be subject to an increase of no more than two and one-half of one percent (2.5%) percent per year as shown in Appendix 1.
Initial Parcel Assessment Rates
Parcel Type
Standard
Government
Parcel assessment calculations are shown in Appendix 3.
2. Standard Parcels
Parcel Size
(sq. ft.)
$0.270
$0.200
Standard parcels will receive and benefit from all LBDPBID activities and improvements, and will therefore be assessed the full rate.
3. Government Parcels
The California Constitution, in Article XIII D, provides that "parcels within a district that are owned or used by any agency, the State of California or the United States shall not be exempt from assessment unless the agency can demonstrate by clear and convincing evidence that those publicly owned parcels in fact receive no special benefit." No public agency owning parcels in the district has made such a July 1, 2019
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demonstration However, because they do not have a for-profit commercial component, they will be assessed at a reduced rate commensurate with the special benefit they receive.
4. Non-Assessed Parcels
There are six (6) parcels within the LBDPBID that will not be assessed. These parcels are not standard parcels and will not specially benefit from or directly receive the LBDPBID's activities and improvements.
These parcels are accounted for in the analysis of general benefit provided to non-assessed parcels within the LBDPBID. These parcels have the following uses:
Residential. The state legislature has determined that "properties zoned exclusively for residential use, or that are zoned for agricultural use, are conclusively presumed not to benefit from the improvements and services funded through these assessments, and shall not be subject to any assessment." 20 The activities and improvements to be provided are designed to specially benefit standard parcels via increased commerce, occupancy, and lease rates. None of these benefits apply to residential parcels, which will not be serviced or benefit from the LBDPBID's activities and improvements. Residential parcels are those parcels with four family units or less, residential common areas, residential condos and planned unit development of single-family residences. There are six (6) residential parcels within the LBDPBID that will not be assessed.
5. Changes in Data
It is the intent of this Plan and Engineer's Report that each parcel included in the LBDPBID can be clearly identified. Every effort has been made to ensure that all parcels included in the LBDPBID are consistent in the boundary map and the assessment calculation table. However, if inconsistencies arise, the order of precedence shall be: 1) the assessment calculation table and 2) the boundary map.
If the parcel size or type of parcel changes during the LBDPBID's term, the assessment calculation may be modified accordingly.
D. Assessment Notice
During the hearing process, an Assessment Ballot will be sent to owners of each parcel in the LBDPBID.
The Assessment Ballot provides an estimated assessment. The final individual assessment for any particular parcel may change, up or down, if the parcel square footage or type differ from those used to calculate the amount shown on the notice, which can be found in Appendix 3.
E. Time and Manner for Collecting Assessments
As provided by State Law, the the LBDPBID assessment will appear as a separate line item on annual property tax bills prepared by the County of Merced. Property tax bills are generally distributed in the fall, and payment is expected by lump sum or installment. The County of Merced shall distribute funds collected to the LBDPOA. Existing laws for enforcement and appeal of property taxes, including penalties and interest, apply to the LBDPBID assessments. 20 Streets and Highways Code§ 36632(c)
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F. Engineer's Certification
I hereby certify, to the best of my knowledge and experience, that each of the identified assessed parcels located within the Los Banos Downtown Property and Business Improvement District will receive a special benefit over and above the general benefits conferred and that the amount of the assessment is no greater than the proportional special benefits conferred on each parcel, as described in this Engineer's Report.
Revie:-.: , of this Los Banos Downtown Property and Business Improvement District Management District Plan · r ._ "t:e_;tration of the Engineer's Report was completed by:
This Engineer's &port is intended to be distn"buted as part of the Management Dirtn'ct Phn i,1 , , , . y . including the Assessment Ca!a,htion Tabl.e (AppendiY 3) and the Boundary 1vlap. &production and ifrtn"bution ef on!J Section T/JJ ef thir Management District Phn uiohtes the intmt ef this stamp and signature.
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APPENDIX 1- MAXIMUM ANNUAL ASSESSMENT RATES
The table below illustrates the maximum annual assessment rate with the assumption that the rates will be increased annually by two and one half of one percent (2.5%) with approval of the LBDPOA. The maximum rates listed are a required disclosure and not the anticipated course of action.
Maximum Parcel Assessment Rates
Year Standard Government
2020 $0.270 $0.200
2021 $0.277 $0.205
2022 $0.284 $0.210
2023 $0.291 $0.215
2024 $0.298 $0.221
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APPENDIX 2-PBID LAW
*** TIIlS DOCUMENT IS CURRENT THROUGH THE 2019 SUPPLEMENT *** (ALL 2018 LEGISLATION)
STREETS AND HIGHWAYS CODE
DIVISION 18. PARKING
PART 7. PROPERTY AND BUSINESS IMPROVEMENT DISTRICT LAW OF 1994 CHAPTER 1. General Provisions
ARTICLE 1. Declarations
36600. Citation of part
This part shall be known and may be cited as the "Property and Business Improvement District Law of 1994." 36601. Legislative findings and declarations; Legislative guidance The Legislature finds and declares all of the following:
(a) Businesses located and operating within business districts in some of this state's communities are economically disadvantaged, are underutilized, and are unable to attract customers due to inadequate facilities, services, and activities in the business districts. (b) It is in the public interest to promote the economic revitalization and physical maintenance of business districts in order to create jobs, attract new businesses, and prevent the erosion of the business districts. (c) It is of particular local benefit to allow business districts to fund business related improvements, maintenance, and activities through the levy of assessments upon the businesses or real property that receive benefits from those improvements.
(d) Assessments levied for the purpose of conferring special benefit upon the real property or a specific benefit upon the businesses in a business district are not taxes for the general benefit of a city, even if property, businesses, or persons not assessed receive incidental or collateral effects that benefit them. (e) Property and business improvement districts formed throughout this state have conferred special benefits upon properties and businesses within their districts and have made those properties and businesses more useful by providing the following benefits:
(1) Crime reduction. A study by the Rand Corporation has confirmed a 12-percent reduction in the incidence of robbery and an 8-percent reduction in the total incidence of violent crimes within the 30 districts studied.
(2) Job creation.
(3) Business attraction.
(4) Business retention.
(5) Economic growth.
(6) New investments.
(f) With the dissolution ofredevelopment agencies throughout the state, property and business improvement districts have become even more important tools with which communities can combat blight, promote economic opportunities, and create a clean and safe environment. (g) Since the enactment of this act, the people of California have adopted Proposition 218, which added Article XIII D to the Constitution in order to place certain requirements and restrictions on the formation of, and activities, expenditures, and assessments by property-based districts. Article XIII D of the Constitution provides that property-based districts may only levy assessments for special benefits. (h) The act amending this section is intended to provide the Legislature's guidance with regard to this act, its interaction with the provisions of Article XIII D of the Constitution, and the determination of special benefits in property-based districts.
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(1) The lack of legislative guidance has resulted in uncertainty and inconsistent application of this act, which discourages the use of assessments to fund needed improvements, maintenance, and activities in property-based districts, contributing to blight and other underutilization of property. (2) Activities undertaken for the purpose of conferring special benefits upon property to be assessed inherently produce incidental or collateral effects that benefit property or persons not assessed.
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Therefore, for special benefits to exist as a separate and distinct category from general benefits, the incidental or collateral effects of those special benefits are inherently part of those special benefits.
The mere fact that special benefits produce incidental or collateral effects that benefit property or persons not assessed does not convert any portion of those special benefits or their incidental or collateral effects into general benefits.
(3) It is of the utmost importance that property-based districts created under this act have clarity regarding restrictions on assessments they may levy and the proper determination of special benefits.
Legislative clarity with regard to this act will provide districts with clear instructions and courts with legislative intent regarding restrictions on property-based assessments, and the manner in which special benefits should be determined.
36602. Purpose of part
The purpose of this part is to supplement previously enacted provisions oflaw that authorize cities to levy assessments within property and business improvement districts, to ensure that those assessments conform to all constitutional requirements and are determined and assessed in accordance with the guidance set forth in this act. This part does not affect or limit any other provisions oflaw authorizing or providing for the furnishing of improvements or activities or the raising of revenue for these purposes.
36603. Preemption of authority or charter city to adopt ordinances levying assessments Nothing in this part is intended to preempt the authority of a charter city to adopt ordinances providing for a different method of levying assessments for similar or additional purposes from those set forth in this part. A property and business improvement district created pursuant to this part is expressly exempt from the provisions of the Special Assessment Investigation, Limitation and Majority Protest Act of 1931 (Division 4 ( commencing with Section 2800)). 36603.5. Part prevails over conflicting provisions
Any provision of this part that conflicts with any other provision oflaw shall prevail over the other provision of law, as to districts created under this part.
36604. Severability
This part is intended to be construed liberally and, if any provision is held invalid, the remaining provisions shall remain in full force and effect. Assessments levied under this part are not special taxes.
ARTICLE 2. Definitions
36606. "Activities"
"Activities" means, but is not limited to, all of the following that benefit businesses or real property in the district:
(a) Promotion of public events.
(b) Furnishing of music in any public place.
(c) Promotion of tourism within the district.
(d) Marketing and economic development, including retail retention and recruitment. (e) Providing security, sanitation, graffiti removal, street and sidewalk cleaning, and other municipal services supplemental to those normally provided by the municipality. (f) Other services provided for the purpose of conferring special benefit upon assessed real property or specific benefits upon assessed businesses located in the district. 36606.5. "Assessment"
"Assessment" means a levy for the purpose of acquiring, constructing, installing, or maintaining improvements and providing activities that will provide certain benefits to properties or businesses located within a property and business improvement district.
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36607. "Business"
"Business" means all types of businesses and includes financial institutions and professions. ~"City"
"City" means a city, county, city and county, or an agency or entity created pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 of Title 1 of the Government Code, the public member agencies of which includes only cities, counties, or a city and county, or the State of California. 36609. "City council"
"City council" means the city council of a city or the board of supervisors of a county, or the agency, commission, or board created pursuant to a joint powers agreement and which is a city within the meaning of this part. 36609.4. "Clerk"
"Clerk" means the clerk of the legislative body.
36609.5. "General benefit"
"General benefit" means, for purposes of a property-based district, any benefit that is not a "special benefit" as defined in Section 36615.5.
36610. "Improvement"
"Improvement" means the acquisition, construction, installation, or maintenance of any tangible property with an estimated useful life of five years or more including, but not limited to, the following:
(a) Parking facilities.
(b) Benches, booths, kiosks, display cases, pedestrian shelters and signs. (c) Trash receptacles and public restrooms.
( d) Lighting and heating facilities.
(e) Decorations.
(t) Parks.
(g) Fountains.
(h) Planting areas.
(i) Closing, opening, widening, or narrowing of existing streets. (i) Facilities or equipment, or both, to enhance security of persons and property within the district. (k) Ramps, sidewalks, plazas, and pedestrian malls.
(1) Rehabilitation or removal of existing structures.
36611. "Management district plan"; "Plan"
"Management district plan" or "plan" means a proposal as defined in Section 36622. 36612. "Owners' association"
"Owners' association" means a private nonprofit entity that is under contract with a city to administer or implement improvements, maintenance, and activities specified in the management district plan. An owners' association may be an existing nonprofit entity or a newly formed nonprofit entity. An owners' association is a private entity and may not be considered a public entity for any purpose, nor may its board members or staff be considered to be public officials for any purpose. Notwithstanding this section, an owners' association shall comply with the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5 of the Government Code), at all times when matters within the subject matter of the district are heard, discussed, or deliberated, and with the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code), for all records relating to activities of the district.
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36614. "Property"
"Property" means real property situated within a district. 36614.5. "Property and business improvement district"; "District" "Property and business improvement district," or "district," means a property and business improvement district established pursuant to this part.
36614.6. "Property-based assessment"
"Property-based assessment" means any assessment made pursuant to this part upon real property. 36614.7. "Property-based district"
"Property-based district" means any district in which a city levies a property-based assessment. 36615. "Property owner"; "Business owner"; "Owner"
"Property owner" means any person shown as the owner of land on the last equalized assessment roll or otherwise known to be the owner of land by the city council. "Business owner" means any person recognized by the city as the owner of the business. "Owner" means either a business owner or a property owner. The city council has no obligation to obtain other information as to the ownership of land or businesses, and its determination of ownership shall be final and conclusive for the purposes of this part. Wherever this part requires the signature of the property owner, the signature of the authorized agent of the property owner shall be sufficient. Wherever this part requires the signature of the business owner, the signature of the authorized agent of the business owner shall be sufficient. 36615.5. "Special benefit"
"Special benefit" means, for purposes of a property-based district, a particular and distinct benefit over and above general benefits conferred on real property located in a district or to the public at large. Special benefit includes incidental or collateral effects that arise from the improvements, maintenance, or activities of property-based districts even if those incidental or collateral effects benefit property or persons not assessed. Special benefit excludes general enhancement of property value.
36616. "Tenant"
"Tenant" means an occupant pursuant to a lease of commercial space or a dwelling unit, other than an owner.
ARTICLE 3. Prior Law
36617. Alternate method of financing certain improvements and activities; Effect on other provisions This part provides an alternative method of financing certain improvements and activities. The provisions ofthis part shall not affect or limit any other provisions of law authorizing or providing for the furnishing of improvements or activities or the raising of revenue for these purposes. Every improvement area established pursuant to the Parking and Business Improvement Area Law of 1989 (Part 6 (commencing with Section 36500) of this division) is valid and effective and is unaffected by this part.
CHAPTER 2. Establishment
36620. Establishment of property and business improvement district A property and business improvement district may be established as provided in this chapter 36620.5. Requirement of consent of city council
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A county may not form a district within the territorial jurisdiction of a city without the consent of the city council of that city. A city may not form a district within the unincorporated territory of a county without the consent of the board of supervisors of that county. A city may not form a district within the territorial jurisdiction of another city without the consent of the city council of the other city.
36621. Initiation of proceedings; Petition of property or business owners in proposed district (a) Upon the submission of a written petition, signed by the property or business owners in the proposed district who will pay more than 50 percent of the assessments proposed to be levied, the city council may initiate proceedings to form a district by the adoption of a resolution expressing its intention to form a district.
The amount of assessment attributable to property or a business owned by the same property or business owner that is in excess of 40 percent of the amount of all assessments proposed to be levied, shall not be included in determining whether the petition is signed by property or business owners who will pay more than 50 percent of the total amount of assessments proposed to be levied. (b) The petition of property or business owners required under subdivision (a) shall include a summary of the management district plan. That summary shall include all of the following:
(1) A map showing the boundaries of the district.
(2) Information specifying where the complete management district plan can be obtained. (3) Information specifying that the complete management district plan shall be furnished upon request.
( c) The resolution of intention described in subdivision ( a) shall contain all of the following:
(1) A brief description of the proposed improvements, maintenance, and activities, the amount of the proposed assessment, a statement as to whether the assessment will be levied on property or businesses within the district, a statement as to whether bonds will be issued, and a description of the exterior boundaries of the proposed district, which may be made by reference to any plan or map that is on file with the clerk. The descriptions and statements do not need to be detailed and shall be sufficient if they enable an owner to generally identify the nature and extent of the improvements, maintenance, and activities, and the location and extent of the proposed district. (2) A time and place for a public hearing on the establishment of the property and business improvement district and the levy of assessments, which shall be consistent with the requirements of Section 36623.
36622. Contents of management district plan
The management district plan shall include, but is not limited to, all of the following:
(a) If the assessment will be levied on property, a map of the district in sufficient detail to locate each parcel of property and, if businesses are to be assessed, each business within the district. If the assessment will be levied on businesses, a map that identifies the district boundaries in sufficient detail to allow a business owner to reasonably determine whether a business is located within the district boundaries. If the assessment will be levied on property and businesses, a map of the district in sufficient detail to locate each parcel of property and to allow a business owner to reasonably determine whether a business is located within the district boundaries.
(b) The name of the proposed district.
( c) A description of the boundaries of the district, including the boundaries of benefit zones, proposed for establishment or extension in a manner sufficient to identify the affected property and businesses included, which may be made by reference to any plan or map that is on file with the clerk. The boundaries of a proposed property assessment district shall not overlap with the boundaries of another existing property assessment district created pursuant to this part. This part does not prohibit the boundaries of a district created pursuant to this part to overlap with other assessment districts established pursuant to other provisions oflaw, including, but not limited to, the Parking and Business Improvement Area Law of 1989 (Part 6 (commencing with Section 36500)). This part does not prohibit the boundaries of a business assessment district created pursuant to this part to overlap with another business assessment district created pursuant to this part. This part does not prohibit the boundaries of a business assessment district created pursuant to this part to overlap with a property assessment district created pursuant to this part. ( d) The improvements, maintenance, and activities proposed for each year of operation of the district and the maximum cost thereof. If the improvements, maintenance, and activities proposed for each year of operation July 1, 2019
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are the same, a description of the first year's proposed improvements, maintenance, and activities and a statement that the same improvements, maintenance, and activities are proposed for subsequent years shall satisfy the requirements of this subdivision.
(e) The total annual amount proposed to be expended for improvements, maintenance, or activities, and debt service in each year of operation of the district. If the assessment is levied on businesses, this amount may be estimated based upon the assessment rate. If the total annual amount proposed to be expended in each year of operation of the district is not significantly different, the amount proposed to be expended in the initial year and a statement that a similar amount applies to subsequent years shall satisfy the requirements of this subdivision.
(f) The proposed source or sources of financing, including the proposed method and basis of levying the assessment in sufficient detail to allow each property or business owner to calculate the amount of the assessment to be levied against his or her property or business. The plan also shall state whether bonds will be issued to finance improvements.
(g) The time and manner of collecting the assessments.
{h) The specific number of years in which assessments will be levied. In a new district, the maximum number of years shall be five. Upon renewal, a district shall have a term not to exceed 10 years. Notwithstanding these limitations, a district created pursuant to this part to finance capital improvements with bonds may levy assessments until the maximum maturity of the bonds. The management district plan may set forth specific increases in assessments for each year of operation of the district. (i) The proposed time for implementation and completion of the management district plan. (i) Any proposed rules and regulations to be applicable to the district. (k) (1) A list of the properties or businesses to be assessed, including the assessor's parcel numbers for properties to be assessed, and a statement of the method or methods by which the expenses of a district will be imposed upon benefited real property or businesses, in proportion to the benefit received by the property or business, to defray the cost thereof. (2) In a property-based district, the proportionate special benefit derived by each identified parcel shall be determined exclusively in relationship to the entirety of the capital cost of a public improvement, the maintenance and operation expenses of a public improvement, or the cost of the activities. An assessment shall not be imposed on any parcel that exceeds the reasonable cost of the proportional special benefit conferred on that parcel. Only special benefits are assessable, and a property-based district shall separate the general benefits, if any, from the special benefits conferred on a parcel. Parcels within a property-based district that are owned or used by any city, public agency, the State of California, or the United States shall not be exempt from assessment unless the governmental entity can demonstrate by clear and convincing evidence that those publicly owned parcels in fact receive no special benefit. The value of any incidental, secondary, or collateral effects that arise from the improvements, maintenance, or activities of a property-based district and that benefit property or persons not assessed shall not be deducted from the entirety of the cost of any special benefit or affect the proportionate special benefit derived by each identified parcel. (1) In a property-based district, the total amount of all special benefits to be conferred upon the properties located within the property-based district.
(m) In a property-based district, the total amount of general benefits, if any. (n) In a property-based district, a detailed engineer's report prepared by a registered professional engineer certified by the State of California supporting all assessments contemplated by the management district plan. ( o) Any other item or matter required to be incorporated therein by the city council. 36623. Procedure to levy assessment
(a) If a city council proposes to levy a new or increased property assessment, the notice and protest and hearing procedure shall comply with Section 53753 of the Government Code. (b) If a city council proposes to levy a new or increased business assessment, the notice and protest and hearing procedure shall comply with Section 54954.6 of the Government Code, except that notice shall be mailed to the owners of the businesses proposed to be assessed. A protest may be made orally or in writing by any interested person. Every written protest shall be filed with the clerk at or before the time fixed for the public hearing. The city council may waive any irregularity in the form or content of any written protest. A written protest may be withdrawn in writing at any time before the conclusion of the public hearing. Each written protest shall contain a description of the business in which the person subscribing the protest is July 1, 2019
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interested sufficient to identify the business and, if a person subscribing is not shown on the official records of the city as the owner of the business, the protest shall contain or be accompanied by written evidence that the person subscribing is the owner of the business or the authorized representative. A written protest that does not comply with this section shall not be counted in determining a majority protest. If written protests are received from the owners or authorized representatives of businesses in the proposed district that will pay 50 percent or more of the assessments proposed to be levied and protests are not withdrawn so as to reduce the protests to less than 50 percent, no further proceedings to levy the proposed assessment against such businesses, as contained in the resolution of intention, shall be taken for a period of one year from the date of the finding of a majority protest by the city council. (c) If a city council proposes to conduct a single proceeding to levy both a new or increased property assessment and a new or increased business assessment, the notice and protest and hearing procedure for the property assessment shall comply with subdivision (a), and the notice and protest and hearing procedure for the business assessment shall comply with subdivision (b ). If a majority protest is received from either the property or business owners, that respective portion of the assessment shall not be levied. The remaining portion of the assessment may be levied unless the improvement or other special benefit was proposed to be funded by assessing both property and business owners.
36624. Changes to proposed assessments
At the conclusion of the public hearing to establish the district, the city council may adopt, revise, change, reduce, or modify the proposed assessment or the type or types of improvements, maintenance, and activities to be funded with the revenues from the assessments. Proposed assessments may only be revised by reducing any or all of them. At the public hearing, the city council may only make changes in, to, or from the boundaries of the proposed property and business improvement district that will exclude territory that will not benefit from the proposed improvements, maintenance, and activities. Any modifications, revisions, reductions, or changes to the proposed assessment district shall be reflected in the notice and map recorded pursuant to Section 36627. 36625. Resolution of formation
(a) If the city council, following the public hearing, decides to establish a proposed property and business improvement district, the city council shall adopt a resolution of formation that shall include, but is not limited to, all of the following:
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(1) A brief description of the proposed improvements, maintenance, and activities, the amount of the proposed assessment, a statement as to whether the assessment will be levied on property, businesses, or both within the district, a statement on whether bonds will be issued, and a description of the exterior boundaries of the proposed district, which may be made by reference to any plan or map that is on file with the clerk. The descriptions and statements need not be detailed and shall be sufficient if they enable an owner to generally identify the nature and extent of the improvements, maintenance, and activities and the location and extent of the proposed district. (2) The number, date of adoption, and title of the resolution of intention. (3) The time and place where the public hearing was held concerning the establishment of the district.
(4) A determination regarding any protests received. The city shall not establish the district or levy assessments if a majority protest was received.
(5) A statement that the properties, businesses, or properties and businesses in the district established by the resolution shall be subject to any amendments to this part. (6) A statement that the improvements, maintenance, and activities to be conferred on businesses and properties in the district will be funded by the levy of the assessments. The revenue from the levy of assessments within a district shall not be used to provide improvements, maintenance, or activities outside the district or for any purpose other than the purposes specified in the resolution of intention, as modified by the city council at the hearing concerning establishment of the district.
Notwithstanding the foregoing, improvements and activities that must be provided outside the district boundaries to create a special or specific benefit to the assessed parcels or businesses may be provided, but shall be limited to marketing or signage pointing to the district. (7) A finding that the property or businesses within the area of the property and business improvement district will be benefited by the improvements, maintenance, and activities funded by Los Banos Downtown PBID Management District Plan Page 31 234
the proposed assessments, and, for a property-based district, that property within the district will receive a special benefit.
(8) In a property-based district, the total amount of all special benefits to be conferred on the properties within the property-based district.
(b) The adoption of the resolution of formation and, if required, recordation of the notice and map pursuant to Section 36627 shall constitute the levy of an assessment in each of the fiscal years referred to in the management district plan.
36627. Notice and assessment diagram
Following adoption of the resolution establishing district assessments on properties pursuant to Section 36625 or Section 36626, the clerk shall record a notice and an assessment diagram pursuant to Section 3114. No other provision of Division 4.5 ( commencing with Section 3100) applies to an assessment district created pursuant to this part. 36628. Establishment of separate benefit zones within district; Categories of businesses The city council may establish one or more separate benefit zones within the district based upon the degree of benefit derived from the improvements or activities to be provided within the benefit zone and may impose a different assessment within each benefit zone. If the assessment is to be levied on businesses, the city council may also define categories of businesses based upon the degree of benefit that each will derive from the improvements or activities to be provided within the district and may impose a different assessment or rate of assessment on each category of business, or on each category of business within each zone. 36628.5. Assessments on businesses or property owners
The city council may levy assessments on businesses or on property owners, or a combination of the two, pursuant to this part. The city council shall structure the assessments in whatever manner it determines corresponds with the distribution of benefits from the proposed improvements, maintenance, and activities, provided that any propertybased assessment conforms with the requirements set forth in paragraph (2) of subdivision (k) of Section 36622. 36629. Provisions and procedures applicable to benefit zones and business categories All provisions of this part applicable to the establishment, modification, or disestablishment of a property and business improvement district apply to the establishment, modification, or disestablishment of benefit zones or categories of business. The city council shall, to establish, modify, or disestablish a benefit zone or category of business, follow the procedure to establish, modify, or disestablish a property and business improvement district. 36630. Expiration of district; Creation of new district If a property and business improvement district expires due to the time limit set pursuant to subdivision (h) of Section 36622, a new management district plan may be created and the district may be renewed pursuant to this part.
CHAPTER 3. Assessments
36631. Time and manner of collection of assessments; Delinquent payments The collection of the assessments levied pursuant to this part shall be made at the time and in the manner set forth by the city council in the resolution levying the assessment. Assessments levied on real property may be collected at the same time and in the same manner as for the ad valorem property tax, and may provide for the same lien priority and penalties for delinquent payment. All delinquent payments for assessments levied pursuant to this part may be charged interest and penalties.
36632. Assessments to be based on estimated benefit; Classification of real property and businesses; Exclusion of residential and agricultural property
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(a) The assessments levied on real property pursuant to this part shall be levied on the basis of the estimated benefit to the real property within the property and business improvement district. The city council may classify properties for purposes of determining the benefit to property of the improvements and activities provided pursuant to this part.
(b) Assessments levied on businesses pursuant to this part shall be levied on the basis of the estimated benefit to the businesses within the property and business improvement district. The city council may classify businesses for purposes of determining the benefit to the businesses of the improvements and activities provided pursuant to this part.
(c) Properties zoned solely for residential use, or that are zoned for agricultural use, are conclusively presumed not to benefit from the improvements and service funded through these assessments, and shall not be subject to any assessment pursuant to this part.
36633. Time for contesting validity of assessment
The validity of an assessment levied under this part shall not be contested in any action or proceeding unless the action or proceeding is commenced within 30 days after the resolution levying the assessment is adopted pursuant to Section 36626. Any appeal from a final judgment in an action or proceeding shall be perfected within 30 days after the entry of judgment.
36634. Service contracts authorized to establish levels of city services The city council may execute baseline service contracts that would establish levels of city services that would continue after a property and business improvement district has been formed. 36635. Request to modify management district plan
The owners' association may, at any time, request that the city council modify the management district plan. Any modification of the management district plan shall be made pursuant to this chapter. 36636. Reflection of modification in notices recorded and maps (a) Upon the written request of the owners' association, the city council may modify the management district plan after conducting one public hearing on the proposed modifications. The city council may modify the improvements and activities to be funded with the revenue derived from the levy of the assessments by adopting a resolution determining to make the modifications after holding a public hearing on the proposed modifications. If the modification includes the levy of a new or increased assessment, the city council shall comply with Section 36623. Notice of all other public hearings pursuant to this section shall comply with both of the following:
(1) The resolution of intention shall be published in a newspaper of general circulation in the city once at least seven days before the public hearing.
(2) A complete copy of the resolution of intention shall be mailed by first class mail, at least 10 days before the public hearing, to each business owner or property owner affected by the proposed modification.
(b) The city council shall adopt a resolution of intention which states the proposed modification prior to the public hearing required by this section. The public hearing shall be held not more than 90 days after the adoption of the resolution of intention.
36637. Reflection of modification in notices recorded and maps Any subsequent modification of the resolution shall be reflected in subsequent notices and maps recorded pursuant to Division 4.5 (commencing with Section 3100), in a manner consistent with the provisions of Section 36627.
CHAPTER 3.5. Financing
36640. Bonds authorized; Procedure; Restriction on reduction or termination of assessments July 1, 2019
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(a)The city council may, by resolution, determine and declare that bonds shall be issued to finance the estimated cost of some or all of the proposed improvements described in the resolution of formation adopted pursuant to Section 36625, if the resolution of formation adopted pursuant to that section provides for the issuance of bonds, under the Improvement Bond Act of 1915 (Division 10 (commencing with Section 8500)) or in conjunction with Marks-Roos Local Bond Pooling Act of 1985 (Article 4 (commencing with Section 6584) of Chapter 5 of Division 7 of Title 1 of the Government Code). Either act, as the case may be, shall govern the proceedings relating to the issuance of bonds, although proceedings under the Bond Act of 1915 may be modified by the city council as necessary to accommodate assessments levied upon business pursuant to this part.
(b) The resolution adopted pursuant to subdivision (a) shall generally describe the proposed improvements specified in the resolution of formation adopted pursuant to Section 36625, set forth the estimated cost of those improvements, specify the number of annual installments and the fiscal years during which they are to be collected. The amount of debt service to retire the bonds shall not exceed the amount of revenue estimated to be raised from assessments over 30 years.
(c) Notwithstanding any other provision of this part, assessments levied to pay the principal and interest on any bond issued pursuant to this section shall not be reduced or terminated if doing so would interfere with the timely retirement of the debt.
CHAPTER 4. Governance
36650. Report by owners' association; Approval or modification by city council (a) The owners' association shall cause to be prepared a report for each fiscal year, except the first year, for which assessments are to be levied and collected to pay the costs of the improvements, maintenance, and activities described in the report. The owners' association's first report shall be due after the first year of operation of the district. The report may propose changes, including, but not limited to, the boundaries of the property and business improvement district or any benefit zones within the district, the basis and method of levying the assessments, and any changes in the classification of property, including any categories of business, if a classification is used.
(b) The report shall be filed with the clerk and shall refer to the property and business improvement district by name, specify the fiscal year to which the report applies, and, with respect to that fiscal year, shall contain all of the following information:
(1) Any proposed changes in the boundaries of the property and business improvement district or in any benefit zones or classification of property or businesses within the district. (2) The improvements, maintenance, and activities to be provided for that fiscal year. (3) An estimate of the cost of providing the improvements, maintenance, and activities for that fiscal year.
(4) The method and basis oflevying the assessment in sufficient detail to allow each real property or business owner, as appropriate, to estimate the amount of the assessment to be levied against his or her property or business for that fiscal year.
(5) The estimated amount of any surplus or deficit revenues to be carried over from a previous fiscal year.
(6) The estimated amount of any contributions to be made from sources other than assessments levied pursuant to this part.
(c) The city council may approve the report as filed by the owners' association or may modify any particular contained in the report and approve it as modified. Any modification shall be made pursuant to Sections 36635 and 36636.
The city council shall not approve a change in the basis and method of levying assessments that would impair an authorized or executed contract to be paid from the revenues derived from the levy of assessments, including any commitment to pay principal and interest on any bonds issued on behalf of the district.
July 1, 2019
Los Banos Downtown PBID Management District Plan Page 34 237
36651. Designation of owners' association to provide improvements, maintenance, and activities The management district plan may, but is not required to, state that an owners' association will provide the improvements, maintenance, and activities described in the management district plan. If the management district plan designates an owners' association, the city shall contract with the designated nonprofit corporation to provide services.
CHAPTER 5. Renewal
36660. Renewal of district; Transfer or refund of remaining revenues; District term limit (a) Any district previously established whose term has expired, or will expire, may be renewed by following the procedures for establishment as provided in this chapter. {b) Upon renewal, any remaining revenues derived from the levy of assessments, or any revenues derived from the sale of assets acquired with the revenues, shall be transferred to the renewed district. If the renewed district includes additional parcels or businesses not included in the prior district, the remaining revenues shall be spent to benefit only the parcels or businesses in the prior district. If the renewed district does not include parcels or businesses included in the prior district, the remaining revenues attributable to these parcels shall be refunded to the owners of these parcels or businesses. (c) Upon renewal, a district shall have a term not to exceed 10 years, or, if the district is authorized to issue bonds, until the maximum maturity of those bonds. There is no requirement that the boundaries, assessments, improvements, or activities of a renewed district be the same as the original or prior district.
CHAPTER 6. Disestablishment
36670. Circumstances permitting disestablishment of district; Procedure (a) Any district established or extended pursuant to the provisions of this part, where there is no indebtedness, outstanding and unpaid, incurred to accomplish any of the purposes of the district, may be disestablished by resolution by the city council in either of the following circumstances:
(1) If the city council finds there has been misappropriation of funds, malfeasance, or a violation of law in connection with the management of the district, it shall notice a hearing on disestablishment. (2) During the operation of the district, there shall be a 30-day period each year in which assessees may request disestablishment of the district. The first such period shall begin one year after the date of establishment of the district and shall continue for 30 days. The next such 30-day period shall begin two years after the date of the establishment of the district. Each successive year of operation of the district shall have such a 30-day period. Upon the written petition of the owners or authorized representatives of real property or the owners or authorized representatives of businesses in the district who pay 50 percent or more of the assessments levied, the city council shall pass a resolution of intention to disestablish the district. The city council shall notice a hearing on disestablishment. (b) The city council shall adopt a resolution of intention to disestablish the district prior to the public hearing required by this section. The resolution shall state the reason for the disestablishment, shall state the time and place of the public hearing, and shall contain a proposal to dispose of any assets acquired with the revenues of the assessments levied within the property and business improvement district. The notice of the hearing on disestablishment required by this section shall be given by mail to the property owner of each parcel or to the owner of each business subject to assessment in the district, as appropriate. The city shall conduct the public hearing not less than 30 days after mailing the notice to the property or business owners. The public hearing shall be held not more than 60 days after the adoption of the resolution of intention. 36671. Refund of remaining revenues upon disestablishment or expiration without renewal of district; Calculation of refund; Use of outstanding revenue collected after disestablishment of district (a) Upon the disestablishment or expiration without renewal of a district, any remaining revenues, after all outstanding debts are paid, derived from the levy of assessments, or derived from the sale of assets acquired with the revenues, or from bond reserve or construction funds, shall be refunded to the owners of the property or businesses then located and operating within the district in which assessments were levied by applying the same method and basis that was used to calculate the assessments levied in the fiscal year in which the district July 1, 2019
Los Banos Downtown PBID Management District Plan Page 35 238
is disestablished or expires. All outstanding assessment revenue collected after disestablishment shall be spent on improvements and activities specified in the management district plan. (b) If the disestablishment occurs before an assessment is levied for the fiscal year, the method and basis that was used to calculate the assessments levied in the immediate prior fiscal year shall be used to calculate the amount of any refund.
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Los Banos Downtown PBID Management District Plan Page 36 239
APPENDIX 3 - MAP
PBID Boundaries
N •••
-?-· civiTAS
July 1, 2019
Los Banos Downtown PBID Management District Plan Page 37 240
APPENDIX 4 TOTAL ESTIMATED MAXIMUM COST OF
IMPROVEMENTS, MAINTENANCE, AND ACTMTIES
The estimated maximum cost of the line items below was developed based on the estimated costs of providing services in the proposed LBDPBID. The costs below are estimated, the actual line item costs will fluctuate. The table below shows expenditures from assessment and non-assessed funds.
Assessment funds are governed by Section V. There is no limit on reallocation of non-assessment funds by the LBDPOA. The total maximum budget may exceed the maximum listed in this table if parcel ownership changes results in parcels being assessed at a higher rate due to a higher estimated benefit.
Maintenance & Marketing & Small Year General Operations Total Security Placemaking Infrastructure
2020 $39,646.94 $39,238.39 $40,055.55 $39,646.96 $158,587.84 2021 $40,638.11 $40,219.35 $41,056.94 $40,638.13 $162,552.54 2022 $41,654.07 $41,224.83 $42,083.36 $41,654.09 $166,616.35 2023 $42,695.42 $42,255.45 $43,135.45 $42,695.44 $170,781.76 2024 $43,762.80 $43,311.84 $44,213.83 $43,762.83 $175,051.30 Total $208,397.34 $206,249.87 $210,545.13 $208,397.45 $833,589.79 July 1, 2019
Los Banos Downtown PBID Management District Plan Page 38 241
APPENDIX 5 - PARCEL ASSESSMENT CALCULATIONS
MAP APN OWNERNAME LOT ASSESSMENT CATEGORY KEYS SQFT
5 025-191-011-000 BANK OF AMERICA NT&SA 15,000 $4,050.00 COMMERCIAL 6 025-191-012-000 IDA LEWIS TOSCANO 3,750 $1,012.50 COMMERCIAL 7 025-191-013-000 ELAINE CORY 7,499 $2,024.73 COMMERCIAL 8 025-191-014-000 MILTON J MEDINA 3,749 $1,012.23 COMMERCIAL 9 025-191-015-000 IMELDA VERA CORTES 3,749 $1,012.23 COMMERCIAL 10 025-191-016-000 DAVID & MARILU M NIETO 3,750 $1,012.50 COMMERCIAL 11 025-191-017-000 SERRETA PROPERTIES LP 11,249 $3,037.2_3 COMMERCIAL 12 025-191-018-000 LOS BANOS ARTS COUNCIL INC 3,750 $1,012.50 COMMERCIAL 13 025-191-019-000 MICHAEL G & LESLIE VILLALTA 3,749 $1,012.23 COMMERCIAL 14 025-191-020-000 MICHAEL G & LESLIE VILLALTA 3,749 $1,012.23 COMMERCIAL 23 025-201-008-000 A & L PARTIDA LLC 14,999 $4,049.73 COMMERCIAL 24 025-201-009-000 DANIEL HARRISON EAKINS 3,750 $1,012.50 COMMERCIAL 25 025-201-010-000 REDEVELOPMENT AGENCY OF CITY OF 5,625 $1,125.00 GOVERNMENT
LOS BANOS
26 025-201-011-000 CITY OF LOS BANOS 9,375 $1,875.00 GOVERNMENT 27 025-201-012-000 CITY OF LOS BANOS 11,249 $2,249.80 GOVERNMENT 28 025-201-013-000 CITY OF LOS BANOS 3,750 $750.00 GOVERNMENT 29 025-201-014-000 THOMAS EDWARD KAUIAN 11,249 $3,037.23 COMMERCIAL 33 025-231-001-000 LYNNE JAMES 7,500 $2,025.00 COMMERCIAL 34 025-231-003-000 JESUS O & YOLANDA N MURILLO 7,500 $2,025.00 COMMERCIAL 35 025-231-004-000 JESUS O & YOLANDA N MURILLO 3,750 $1,012.50 COMMERCIAL 36 025-231-006-000 JOSE & ANA MARIA FLORES 3,749 $1,012.23 COMMERCIAL 37 025-231-007-000 REYNALDO GARIBAY 3,749 $1,012.23 COMMERCIAL 38 025-231-008-000 REYNALDO GARIBAY 3,750 $1,012.50 COMMERCIAL 39 025-231-009-000 DAVID R & CATHLEEN GOULD 7,500 $2,025.00 COMMERCIAL 40 025-231-010-000 CITY OF LOS BANOS 14,999 $2,999.80 GOVERNMENT 41 025-231-011-000 WOLFSEN PROPERTIES LL C 7,499 $2,024.73 COMMERCIAL 42 025-231-012-000 LAWRENCE J & DAINE M WOLFSEN 11,250 $3,037.50 COMMERCIAL 43 025-231-015-000 LODGE MOUNTAIN BROW NO 82 IOOF 14,999 $4,049.73 COMMERCIAL
HALL ASSN
44 025-231-016-000 MOUNTAIN BROW HALL ASSN OF THE I 11,249 $3,037.23 COMMERCIAL OOF
45 025-231-017-000 RAYMOND B & MARIA C RAZO 7,499 $2,024.73 COMMERCIAL 46 025-231-018-000 RADHAKRISHNAN SHARMA 7,499 $2,024.73 COMMERCIAL 47 025-231-019-000 DAVID H DIECKMANN 5,497 $1,484.19 COMMERCIAL 48 025-231-020-000 JOSE G & SOCORRO GUTIERREZ 2,002 $540.54 COMMERCIAL 49 025-241-001-000 TADESSE ADEFRIS 5,625 $1,518.75 COMMERCIAL 50 025-241-002-000 TADESSE ADEFRIS 5,624 $1,518.48 COMMERCIAL 51 025-241-003-000 MANUEL AVILA 3,750 $1,012.50 COMMERCIAL 52 025-241-004-000 CARMEN A LOPEZ 3,749 $1,012.23 COMMERCIAL 53 025-241-005-000 FRANKL & MARIA L VIERRA 3,750 $1,012.50 COMMERCIAL 54 025-241-006-000 LULU MICHELOTTI 3,749 $1,012.23 COMMERCIAL 55 025-241-007-000 LULU MICHELOTTI 2,850 $769.50 COMMERCIAL 56 025-241-008-000 WIN DECKER ENTERPRISES LLC 2,774 $748.98 COMMERCIAL 57 025-241-009-000 FRED M & MARY H SUBEGA 5,624 $1,518.48 COMMERCIAL 58 025-241-010-000 JOSEPH A & JEANNITTE M CARDINALE 6,818 $1,840.86 COMMERCIAL July 1, 2019
Los Banos Downtown PBID Management District Plan Page 39 242
MAP APN OWNERNAME LOT ASSESSMENT CATEGORY KEYS SQFT
59 025-241-011-000 MARLENE FARNHAM 3,990 $1,077.30 COMMERCIAL 60 025-241-012-000 ESCALLIER - KAUIAN LLC 11,691 $3,156.57 COMMERCIAL 61 025-241-013-000 ADITI INVESTORS LL C 29,250 $7,897.50 COMMERCIAL 62 025-241-014-000 CITY OF LOS BANOS 17,625 $3,525.00 GOVERNMENT 63 025-241-015-000 CITY OF LOS BANOS 5,625 $1,125.00 GOVERNMENT 64 025-241-016-000 CITY OF LOS BANOS 7,499 $1,499.80 GOVERNMENT 6S 026-052-001-000 OSCAR & CLARA PEREZ 7,500 $2,02S.00 COMMERCIAL 66 026-052-002-000 STEPHEN WILLIAM SLOAN 3,749 $1,012.23 COMMERCIAL 67 026-052-006-000 HARDIAL & SARNJIT SINGH 2,499 $674.73 COMMERCIAL 68 026-052-007-000 HARDIAL & SARNJIT K SINGH 2,500 $675.00 COMMERCIAL 69 026-052-008-000 SHAWN MATHEW & JASMINE GEORGE 2,500 $675.00 COMMERCIAL 70 026-052-009-000 SAN LUIS WATER DISTRICT 5,000 $1,000.00 GOVERNMENT 71 026-052-010-000 PSV LLC 2,499 $674.73 COMMERCIAL
72 026-052-013-000 WOLFSEN PROPERTIES LL C 7,500 $2,025.00 COMMERCIAL 73 026-052-014-000 FRANKLIN H & MARIA NIVEA OLIVEIRA 7,500 $0.00 NONASSESSED 74 026-0S2-015-000 LEROY & LYDIA WENlZ 7,499 $0.00 NONASSESSED 75 026-052-016-000 DON NA GONSALVES 7,499 $0.00 NONASSESSED 76 026-052-017-000 PIEDRAZUL INVESTMENTS LLC 7,500 $2,025.00 COMMERCIAL 77 026-052-019-000 WILLIAM A VAUGHN 7,499 $2,024.73 COMMERCIAL 78 026-052-021-000 CITY OF LOS BANOS 18,749 $3,749.80 GOVERNMENT 79 026-052-023-000 MONICA M BARTON 3,749 $1,012.23 COMMERCIAL 80 026-052-024-000 BENJAMIN H SWIG 26,250 $7,087.50 COMMERCIAL 81 026-053-001-000 JOHN O GERMINO 7,500 $2,025.00 COMMERCIAL 82 026-053-002-000 FELIX GIUSSEPPE & KATHLEEN NINO 7,500 $2,025.00 COMMERCIAL
GASTELLO
83 026-053-003-000 WOLFSEN PROPERTIES LLC 3,749 $1,012.23 COMMERCIAL 84 026-053-004-000 WOLFSEN PROPERTIES LL C 7,500 $2,025.00 COMMERCIAL 85 026-053-005-000 JOHN O GERMINO 3,749 $1,012.23 COMMERCIAL 86 026-053-008-000 DELFINO OLVERA RUIZ 3,750 $0.00 NONASSESSED 87 026-053-010-000 BRUCE L & LINDA M VOGT 7,499 $2,024.73 COMMERCIAL 88 026-053-011-000 GWENETTE A BENDER 10,206 $2,755.62 COMMERCIAL 89 026-053-013-000 SUNSET HILLS DEVELOPMENT LLC 7,500 $2,025.00 COMMERCIAL 90 026-053-014-000 EMIL D ERRECA 6,750 $1,822.50 COMMERCIAL 91 026-053-015-000 TAYLOR CHRISTIAN WOLFSEN 4,500 $1,215.00 COMMERCIAL 92 026-053-016-000 TRAJAN SOARES 6,000 $1,620.00 COMMERCIAL 93 026-053-017-000 TAYLOR CHRISTIAN WOLFSEN 12,750 $3,442.50 COMMERCIAL 94 026-053-019-000 WILLIAM V & BEVERLY STENBERG 11,250 $3,037.50 COMMERCIAL 95 026-053-020-000 SUNSET HILLS DEVELOPMENT LLC 7,685 $2,074.95 COMMERCIAL 96 026-053-021-000 DELFINO OLVERA RUIZ 3,750 $0.00 NONASSESSED 97 026-053-022-000 DELFINO OLVERA RUIZ 3,750 $0.00 NONASSESSED 98 026-123-001-000 EUGENE J & CAROLYN D VIERRA 6,254 $1,688.58 COMMERCIAL Total 83 601,609 $146,357.75
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Los Banos Downtown PBID Management District Plan Page40 243
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TO:
FROM:
DATE:
LOsBanos
Agenda Staff Report
Mayor Faria and City Council Members
Stacy Souza Elms, Community and Economic Development Director ~ April 6, 2022
TYPE OF REPORT: Agenda Item
SUBJECT: Los Banos General Plan Update Sphere of Influence Recommendation:
Staff requests that the City Council provide direction on the Sphere of Influence and EIR Study Area Boundary to show in the Draft General Plan and General Plan EIR.
Discussion:
At this time, PlaceWorks, as the City's General Plan Update consultant, is preparing to release the public review drafts of both the General Plan and an Environmental Impact Report (EIR) on the General Plan in summer 2022.
It is critical to ensure that the required analyses in the General Plan EIR consider an appropriate physical boundary within which the proposed Draft General Plan could have impacts on the physical environment. This is known as the EIR Study Area.
Often, General Plan EIRs consider all the land within the City's Sphere of Influence (SOI) as the EIR Study Area. Therefore, we are requesting direction on the appropriate SOI boundary to consider in the General Plan and the General Plan EIR.
The SOI is the area outside of City limits that is "the probable physical boundary and service area of the [City]." If land within the City's SOI is annexed by the City in the future, it would then be within the city limits and under the jurisdiction of Los Banos at that time. 1 245
Merced LAFCO policies also state that the SOI should "be large enough to accommodate approximately 20 years of projected growth as well as territory that represents special communities of interest for the City." The SOI is defined and determined by Merced LAFCO, although the City of Los Banos can propose the area that it would like its SOI to include. Los Banos's current SOI was approved by LAFCO in 2004.
The SOI is a logical boundary for the General Plan EIR Study Area for the following reasons:
• Both the SOI and the General Plan are intended to plan for and guide growth and services in a regular and efficient pattern.
• Both the SOI and the General Plan cover a 20-year planning horizon. • The SOI is the largest area within which the City expects to have jurisdiction over and serve future development. Both the City limits and the Urban Growth Boundary (UGB) will also continue to regulate growth and development of Los Banos, but these are smaller boundaries within the larger envelope defined by the SOI. The General Plan EIR should consider the largest expected envelope of future development under the General Plan to accurately and comprehensively analyze its potential impacts.
Figure 1 shows the proposed SOI boundary and EIR Study Area that PlaceWorks recommends for use in the General Plan and General Plan EIR. This boundary would represent a conservative blend of both the current approved SOI and past Council deliberations on a proposed future SOI.
We respectfully request that the City Council provide direction on the SOI and EIR Study Area boundary to show in the Draft General Plan and General Plan EIR.
Reviewed by~
/7 '
Josh P'h'heito, City Manager
I
Attachments:
Figure 1 - EIR Study Area
2 246
The EIR Study Area includes the entirety of the
proposed SOI, which includes of all of the land
within the city limit and the proposed UGB.
(c.;:
~
I . 0
A
Source: California Department of Conservation, 2016; ESRI, 2018; Merced County, 2018; PlaceWorks, 2022.
D City Limit ;;_~ Proposed Urban Growth Boundary (UGB) □ Proposed Sphere of Influence (SOI) @lM,'ffi. $ii'
•
EIR Study Area
Mil~ (f)
Figure 1
EIR Study Area
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LOsBanos
At tlw Crossroa,ls < I ( i · ·nia
Agenda Staff Report
TO:
FROM:
Mayor & City Council Members
City
Lucy
Clerk/Human
Mallonee, MMC
Resources
~ Director
DATE: April 6, 2022
TYPE OF REPORT: Agenda Item
SUBJECT: City Commission Appointments
Recommendation:
Appoint members to the following City Commissions:
Airport Advisory Commission - (2 Vacancies)
One (1) Unexpired Term - Expiring December 31, 2023
Tree Commission - (2 Vacancies)
Two (2) Unexpired Terms - Expiring December 31, 2023
Discussion:
Staff advertised the above vacancies on the City's website, on social media, and on the bulletin board outside of City Hall. Applicants were interviewed by a committee per City policy. Any remaining vacancies will be re-advertised.
Fiscal Impact:
Jost!Vnheird, City Manager
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T Cityof B LOS · 'anos
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COMMUNITY AND ECONOMIC DEVELOPMENT DEPARTMENT
Date: April 1, 2022
Regarding: Notice of Public Hearing
Proposal: General Plan Amendment #2020-02, Zone Change #2020-02, & Site Plan Review #2020-06
NOTICE IS HEREBY GIVEN THAT a Public Hearing will be held by the Los Banos Planning Commission to consider a Mitigated Negative Declaration (SCH #2021090191) in accordance with the California Environmental Quality Act (CEQA) and General Plan Amendment #2020-02 to amend the General Plan Land Use Designation from Industrial (I) to High Density Residential (HOR), Zone Change #2020-02 to change the zone from General Commercial (C-1) to High Density Residential (R-3), and Site Plan Review #2020-06 to allow the development of two (2) multi-family structures totaling 18,136 square feet with 16 residential units and associated site improvements. The subject property is located at 1133 F Street., more specifically identified as Assessor's Parcel Number: 025-152-005.
A PUBLIC HEARING on this matter will be held at the next scheduled meeting of the Los Banos Planning Commission on Wednesday, April 13, 2022 at 6:00 p.m. in the Council Chambers of Los Banos City Hall located at 520 "J" Street.
Questions regarding the above-referenced item may be directed to Rudy Luquin, Associate Planner, at City Hall or at (209) 827-2432.
All persons are invited to be present at the public hearing. Written and oral testimony is invited. Notice is hereby further given that if you challenge the above described Project in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this Notice, or in written correspondence delivered to the Planning Commission at, or prior to, the public hearing.
Additional information may be obtained from the Community & Economic Development Department at 520 J Street, Los Banos, California. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Office of the City Clerk at (209) 827-7000. Notification at least 72 hours prior to the public hearing will enable the City to make reasonable arrangements to allow participation at this hearing.
Associate Planner
251
LOsBanos
( 1lt/ I
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, __
COMMUNITY AND ECONOMIC DEVELOPMENT DEPARTMENT
Date: April 1, 2022
Regarding: Notice of Public Hearing
Proposal: Mobile Food Vendor Permit #2022-02 - Juan Carlos Gutierrez Alcaraz (dba El Grullense Jal #8 J&A)
NOTICE IS HEREBY GIVEN THAT a Public Hearing will be held by the Los Banos Planning Commission to consider a Categorical Exemption from the California Environmental Quality Act (CEQA) and a Mobile Food Vendor Permit #2022-02 to allow the operation of a mobile food vending vehicle on private property for Juan Carlos Gutierrez Alcaraz dba El Grullense Jal #8 J&A The subject property is located within the Highway Commercial Zoning District at 1955 E. Pacheco Blvd., more specifically identified as Assessor's Parcel Number: 083-140-024.
A PUBLIC HEARING on this matter will be held at the next scheduled meeting of the Los Banos Planning Commission on Wednesday, April 13, 2022 at 6:00 p.m. in the Council Chambers of Los Banos City Hall, located at 520 "J" Street, Los Banos, California. Questions regarding the above-referenced item may be directed to Rudy Luquin, Associate Planner, at City Hall or at (209) 827-2432.
All persons are invited to be present at the public hearing. Written and oral testimony is invited. Notice is hereby further given that if you challenge the above described Project in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this Notice, or in written correspondence delivered to the Planning Commission at, or prior to, the public hearing.
Additional information may be obtained from the Community & Economic Development Department at 520 J Street, Los Banos, California. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Office of the City Clerk at (209) 827-7000. Notification at least 72 hours prior to the public hearing will enable the City to make reasonable arrangements to allow participation at this hearing -:,
252
LOsBanos
m rw -- er
COMMUNITY AND ECONOMIC DEVELOPMENT DEPARTMENT
Date: April 1, 2022
Regarding: Notice of Public Hearing
Proposal: Conditional Use Permit #2022-04 - Variation of Sign Standards NOTICE IS HEREBY GIVEN THAT a Public Hearing will be held by the Los Banos Planning Commission to consider a Categorical Exemption from the California Environmental Quality Act (CEQA) and a Conditional Use Permit to allow the variation of the Neighborhood Commercial Sign Standards for KD Medical Group, Inc. The subject property is located in the Neighborhood Commercial Zoning District at 311 W. I St., more specifically identified as Assessor's Parcel Number: 027-072-016.
A PUBLIC HEARING on this matter will be held at the next scheduled meeting of the Los Banos Planning Commission on Wednesday, April 13, 2022 at 6:00 p.m. in the Council Chambers of Los Banos City Hall, located at 520 "J" Street, Los Banos, California. Questions regarding the above-referenced item may be directed to Rudy Luquin, Associate Planner, at City Hall or at (209) 827-2432.
All persons are invited to be present at the public hearing. Written and oral testimony is invited. Notice is hereby further given that if you challenge the above described Project in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this Notice, or in written correspondence delivered to the Planning Commission at, or prior to, the public hearing.
Additional information may be obtained from the Community & Economic Development Department at 520 J Street, Los Banos, California. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Office of the City Clerk at (209) 827-7000. Notification at least 72 hours prior to the public hearing will enable the City to make reasonable arrangements to allow participation at this hearing Rudy LUiiJCl!f1::::....~
Associate Planner
253
Banos
n-: r- _,_. r:w- a
COMMUNITY AND ECONOMIC DEVELOPMENT DEPARTMENT
Date: April 1, 2022
Regarding: Notice of Public Hearing
Proposal: Conditional Use Permit #2022-03 - Variation of Sign Standards NOTICE IS HEREBY GIVEN THAT a Public Hearing will be held by the Los Banos Planning Commission to consider a Categorical Exemption from the California Environmental Quality Act (CEQA) and a Conditional Use Permit to allow the variation of the Public Facilities Sign Standards for Apex Annex Health Center. The subject property is located in the Public Facilities Zoning District at 400 W. I St., more specifically identified as Assessor's Parcel Number: 027-043- 014.
A PUBLIC HEARING on this matter will be held at the next scheduled meeting of the Los Banos Planning Commission on Wednesday, April 13, 2022 at 6:00 p.m. in the Council Chambers of Los Banos City Hall, located at 520 "J" Street, Los Banos, California. Questions regarding the above-referenced item may be directed to Rudy Luquin, Associate Planner, at City Hall or at (209) 827-2432.
All persons are invited to be present at the public hearing. Written and oral testimony is invited. Notice is hereby further given that if you challenge the above described Project in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this Notice, or in written correspondence delivered to the Planning Commission at, or prior to, the public hearing.
Additional information may be obtained from the Community & Economic Development Department at 520 J Street, Los Banos, California. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Office of the City Clerk at (209) 827-7000. Notification at least 72 hours prior to the public hearing will enable the City to make reasonable arrangements to allow participation at this hearing Rudy Luqu,.--.....----
Associate Planner
,--.
254